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QLD Can Daughters Get Copy of Deceased Father's Public Trustee Will?

Discussion in 'Wills and Estate Planning Law Forum' started by Rosie, 1 April 2015.

  1. Rosie

    Rosie Guest

    My brother died 16/3/15. We were notified 24/3/15 by a 3rd party email and on 31/3/15 located a will made before his 2nd marriage. Will was picked up by his 2nd wife (who is still using her maiden name and gives de facto as relationship) from Public Trustee the day he was apparently cremated 26/3/15.
    Coroner has not ruled on cause of death and 3 children in UK and 7 siblings (UK/Aus) have written to the State Coroner asking to be kept informed. This is due to inherited conditions so for health reasons we need to know cause of death.
    His daughters are keen to sight Will due to his apparent request for no funeral, no service, just a cremation. They would also like to have some ashes returned to them to bury in UK with his parents. We assume ashes to be scattered.
  2. Sophea

    Sophea Guest

    HI Rosie, is your question regarding the rights of the daughters to sight the will? Section 33Z of the Succession Act (Qld) 1981 directs that the person holding either the original or a copy of the will must allow a child of the deceased to view or obtain a copy.
    Check out this blog post: Are You a Beneficiary of a Will? Know Your Rights [QLD] - Blog

    With regard to the daughters wanting to take some of the ashes back with them to the UK, provided there is no express direction in the will about what is to be done with the ashes or the precise location of the scattering of the ashes, it will be for the family to decide on together.

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