QLD Deceased Estate - How to Get Copy of Will?

[Jeff Kirkpatrick]

Can I obtain a copy of my deceased mother's will and how do I go about getting it?
Is there any time frame for reading of the will and can items be taken from the home of the deceased estate before this is done?

 

[Sophea]

Hi Jeff,

Yes as a child of the deceased you are entitled to obtain a copy of the will or view it under the Succession Act (Qld) 1981

Section 33Z requires the person that has possession of the original or a copy of the will to allow a child to inspect the will or obtain a certified copy of it. (Where a certified copy is obtained, reasonable costs should be paid by the person obtaining the copy.) It doesn’t matter if the validity of the will has not been confirmed. Check out this blog post that gives more info: Are You a Beneficiary of a Will? Know Your Rights [QLD] - LawAnswers.com.au Blog

I would contact the executor of the will or if you know another person holds the will, contact them and request to see the will.

In Australia there is no requirement to have a formal "reading of the will", so no to that question. And, no if the will has not been read yet, and no one knows what specific items have been formally gifted in the will then it is not adhering to the wishes of the deceased if you were to take things from the home until the executor says its okay to do so. The executor is responsible for distributing the estate in accordance with the will and owes a duty to beneficiaries to preserve the estate until it can be distributed to them. There can be serious consequences for failing to do so.

 

[Sophea]

The executor should actually make an inventory of household items and their condition, at the time he or she takes control of the estate, so that there are clear records in the case of a dispute. Usually beneficiaries who are entitled to a share of the balance of the estate are given a chance to take items of household goods in partial satisfaction of their interest. Therefore the items taken also need to be valued.