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

[blinkybills]

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.

 

[Sophea]

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).

 

[blinkybills]

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.