Can I inspect a Will?

Someone close to me has died and I would like to inspect their Will. Am I entitled to inspect a copy?

In Queensland, there are laws in place that allow certain people to obtain a copy of a deceased person’s Will. A person is only able to obtain a copy of a Will if they are deemed to be an ‘entitled person’.

If an entitled person requests a copy of a Will from the executor of the estate or any other person who may have possession of the Will of the deceased person, that person must provide a copy of the Will.

An entitled person can be any of the following:-

1. a person mentioned in the Will (whether mentioned as a beneficiary or otherwise);

2. a person mentioned in an earlier Will;

3. a spouse, de facto partner, parent or child of the deceased;

4. a person who would be entitled to a share of the estate if the deceased died without a Will;

5. a creditor or any other person who may have a claim in law or equity against the estate including a person entitled to bring a family maintenance application; and

6. a person with management of the deceased’s formal affairs prior to their death (eg. a bank, insurer or aged care facility).
   

If you think you are entitled to inspect a Will or feel you are an aggrieved party who has been omitted from a Will, please contact us to discuss your options on (07) 5570 9530.