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Discussion in 'Wills and Estate Planning Law Forum' started by cheryle, 27 September 2014.
Hi. How can I get my copy of our family
will, if not from the executor of the will?
As a beneficiary, you are entitled to obtain a copy of the will once the will-maker (testator) has passed. In this case, the will should have been given to the named executor. Are you unable to obtain a copy from the executor?
Yes, unable to get copy of will. Have asked twice.
Has the executor lodged an application with court for grant of probate? If so, you can inspect the documents that court has, including the will.
I suspect you cannot force the executor to show you a copy of the will before grant of probate. However, contact a wills & estates lawyer or the QLD supreme court to double check.
It has all passed probate and the property concerned is almost sold now that there's a Grant of Probate. I have had a quick read but not enough read and not given a copy. I have asked twice. Can I get it another way?
Section 33Z of the Succession Act (Qld) creates a right for an 'entitled person' to view or obtain a copy of the Will. It states that the person with possession or control of a deceased person's will must if asked by an entitled person, allow them to inspect the will or given them a certified copy (payment for copying may be required).
"Entitled Persons" include (amongst others) any person named in the will or any earlier will of the testator, whether or not they are a beneficiary and a spouse, parent or child.
If you fall within one of these categories I would be writing a formal demand to view and/or obtain a copy of the will, and threatening an application to the court if your demand is refused. Otherwise, if probate is granted you can obtain a copy from the Supreme Court, after a will is filed with the court for granting of probate anyone can inspect it upon payment of a small fee.
Since probate has already been granted, you can apply to the Supreme Court directly and ask to obtain a photocopy of the will.
The application is called an "exemplification" (Form 122). Fill this in, take it to the Supreme Court, pay an application fee, they may request a photocopy fee in addition to the application fee.
Queensland court forms.
A copy of the will has not been filed cannot obtain with form 122 exemplication
Is an email request considered formal?
Thanks asap lol would be good. Just frustrated and confused. Why so many questions to a question? I guess thats being politically correct and difinitive.