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VIC How to Obtain a Copy of the Will?

Discussion in 'Wills and Estate Planning Law Forum' started by neirbod, 3 March 2016.

  1. neirbod

    neirbod Active Member

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    How do I obtain a copy of a will that the executor of will refuses to give me? Is there a government body I can contact?
     
  2. Sophea

    Sophea Well-Known Member

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    Has probate been applied for yet? Probate records are stored at the Supreme Court of Victoria Probate Office and are public records. You pay a small fee to search for a copy of the will and photocopy it.
     
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  3. neirbod

    neirbod Active Member

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    I am unsure of anything at this stage as the deceased family refuse to talk to me. I am in the dark. He died in NSW and was buried in QLD. Do you know who I might be able to contact to enquire? I do not even know if an executor has been nominated yet.
     
  4. Sophea

    Sophea Well-Known Member

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    Under state legislation in both QLD and NSW, any person holding a copy of the will (original or a copy) must show it or give a copy to:
    • any beneficiary of a will or other person mentioned in the will or any previous will of the deceased
    • a spouse, parent or child of the deceased, or
    • any person (or their guardian) who would be entitled to an inheritance under the laws of intestacy.
    If you fall into any of these categories I would write a letter to the family formally requesting a copy of the will and citing this legislation, it might carry more weight than merely asking for it. Here is an article that provides more information.

    Are You a Beneficiary of a Will? Know Your Rights [QLD] - Legal Blog - LawAnswers.com.au
     
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