Who is entitled to view a Will?
What's in a Will isn't normally a topic for polite conversation. Meaning that when someone dies, there can be numerous parties interested to know what was contained in the Will.
In this video John Gallagher from Argon Law outlines the different people who are entitled to view a Will and/or be provided with a copy of the Will of the deceased under Queensland law.
Some of those entitled parties are:
- persons mentioned in the will, even if not specifically named and even if they don't stand to receive anything under the will.
- anyone who stood to receive something under an earlier version of the will
- any parent, spouse, child, step-child, grand child or further descendant
- parents or guardians of a child mentioned in the will
- a creditor or others who have a legal claim on the estate
A full list of all entitled parties can be found in Section 33Z of the Succession Act. And at times it will be necessary to obtain legal advice on whether a party qualifies under that section of the Act.
It is quite common for people to keep the contents of their will private throughout their lives. This means that when they die, their family and others close to them are naturally curious to know what the will says.
I’m John Gallagher from Argon Law and I would like to tell you a little more about who is entitled to view a will.
Whilst the period immediately after someone dies is often a very emotional time, it is important for those who hold the will to understand that there are a broad range of people entitled, by Queensland law, to inspect the will or be provided with a copy.
They include any person mentioned in the will, even if not specifically named and even if they don’t actually stand to receive anything under the will.
They also include any person who stood to receive something under an earlier will of the deceased.
Any parent, spouse, child (including a step child), grand child or further descendant can see the will.
Also included are the parents or guardians of a child mentioned in the will.
A creditor or other person who has a legal claim on the estate is also entitled to view the will.
To see the full list of entitled persons, you need to look at section 33Z of the Succession Act. There may be circumstances where you need to seek legal advice about whether someone qualifies under that section.
Don’t hesitate to contact us at Argon Law if you have any more questions about wills or deceased estates in general.
And if you found this video useful then please leave a comment below and have a look at our website.
This information is of a general nature only is not to be relied on as legal advice. You need to seek your own legal advice.
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