NSW Executor not responding to beneficiary request for a copy of the will

[BlackCat]

I am a beneficiary under my father’s will.

My sister was named executor and has taken on this role even though she hasn’t yet applied for probate. She had her lawyer write to me, asking me to contact her (my sister) because she wants to distribute the house contents now and says she won’t apply for probate until this is done.

I asked her lawyer for a copy of the will about a month ago, he has not responded. I recently emailed my sister asking the same, nil response. They have both definitely received the request.

There is a lot of animosity between siblings, so my sister will not want me having access. I am aware of s.54 of the succession act thanks to another post in this forum, and will write again referring to it.

My questions are:
1. Do I have to pay her lawyer for his time reviewing my request and getting one of his staff to photocopy it? (I’m happy to pay postage and reasonable photocopy costs but I don’t think I should have to pay legal costs)
2. If I have to go to court to enforce my right to a copy of the will, am I likely to be awarded legal costs for having to do so?

 

[winston wolf]

Normally you will just be charged copying and postage. The review of your request is a cost of administering the estate.
I would be surprised if it went to court to get a copy. Its cut and dried. By the time it got to court probate would be complete and you would just get a copy from the probate office.

 

[Tim W]

I would expect the time taken to
locate the document and make the copy
to be billable.
Even if that's just one six-minute billing unit.

 

[larrylarry]

SUCCESSION ACT 2006 - SECT 54 Persons entitled to inspect will of deceased person
SUCCESSION ACT 2006 - SECT 54
Persons entitled to inspect will of deceased person
54 Persons entitled to inspect will of deceased person


(1) In this section:

will, a document purporting to be a will, a part of a will and a copy of a will. (2) A person who has possession or control of a will of a deceased person must allow any one or more of the following persons to inspect or be given copies of the will (at their own expense): (a) any person named or referred to in the will, whether as a beneficiary or not, (b) any person named or referred to in an earlier will as a beneficiary of the deceased person, (c) the surviving spouse, de facto partner (whether of the same or the opposite sex) or issue of the deceased person, (d) a parent or guardian of the deceased person, (e) any person who would be entitled to a share of the estate of the deceased person if the deceased person had died intestate, (f) any parent or guardian of a minor referred to in the will or who would be entitled to a share of the estate of the testator if the testator had died intestate, (g) any person (including a creditor) who has or may have a claim at law or in equity against the estate of the deceased person, (h) any person committed with the management of the deceased person's estate under the NSW Trustee and Guardian Act 2009 immediately before the death of the deceased person, (i) any attorney under an enduring power of attorney made by the deceased person, (j) any person belonging to a class of persons prescribed by the regulations. Interpretation Act 1987 . (3) A person who has possession or control of a will of a deceased person must produce it in a court if the court requires the person to do so.

1. Offer to pay for administrative costs. Few pages can't cost you much. Give them 7 days to provide you with the Will. You are entitled to inspect. Period.

 

[BlackCat]

Thanks all for your responses.
I’ve prepared a letter to the lawyer, referring to s.54 and I’m going to enclose a cheque for $30 as this should more than cover whatever expenses are associated with it. hopefully the lawyer will be above all the family BS and will send it out