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Unless they consent, it’s not possible to get a copy of someone’s will before they die.  The only exception is under a Power of Attorney if the owner has given you specific written permission.

 

After death, you are able to inspect or be given a copy of a will (at your expense), if you are:-

  1. named in the will;
  2. named in an earlier will;
  3. the surviving spouse, defacto partner or any child of the deceased person;
  4. a parent or guardian of the deceased person;
  5. a person (including a creditor), who has or may have a claim against the estate of the deceased person;
  6. a person committed with the management of the deceased person’s estate under the NSW Trustee & Guardian Act 2009 (NSW); or
  7. an attorney under an enduring power of attorney made by the deceased person.

 

In addition, the person who has the will must produce it in a court if the court requires the person to do so.

Often the will is kept by a family member who isn’t a lawyer and is reluctant to provide you with a copy of the will.  We can assist by contacting the holder of the Will, informing them of their legal obligation and request a certified copy of the will for you.

 

If you would like to discuss the above with our principal, Kym Chapman, please contact her on 0416102577.

Kym Chapman & Associates provide legal advice for Northern NSW and have offices based in Byron Bay and Cabarita.