LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Executor of Will Won't Provide Copy of Will - Wait for Probate?

Discussion in 'Wills and Estate Planning Law Forum' started by blinkybills, 9 March 2016.

  1. blinkybills

    blinkybills Member

    Joined:
    9 March 2016
    Messages:
    2
    Likes Received:
    0
    I am having trouble getting a copy of my dead father's will and previous will from the Executor of will. I am sending all requests via certified mail, if required I have clear evidence down the track.

    Having read some excellent advice from previous posts on these forums - I am somewhat aware of what steps to take.

    My question is, should I just wait until Probate is granted and get a copy from the Courts? Does this greatly disadvantage you if you leave it to this stage in the probate process and then choose to take legal action?

    Cheers.
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Hi,

    It may be prejudicial if you wish to for some reason apply to the court to have a different executor appointed if for example the executor did not want to act or they were for some reason unable to act. Also, you won't be able to get a copy of his old will - as this won't be submitted as part of the probate application. However, your right as a beneficiary under the will, (or a likely beneficiary under the will) entitles you to ask for a copy of not only the deceased’s last will, but any previous will or other document purporting to be a will. Quote s54 Succession Act 2006 (NSW).
     
  3. blinkybills

    blinkybills Member

    Joined:
    9 March 2016
    Messages:
    2
    Likes Received:
    0
    Thanks for your prompt and informative reply, Sophea.

    Good point about not getting access to the previous will. I will draft another letter and quote this section. I'll give it another month and see if they budge. If not I'll seek advice after that time period.


    Thanks again.

    Cheers.
     

Share This Page

Loading...