When a loved one passes away, it’s natural to want clarity around their wishes, especially when it comes to their will. In Queensland, there are rules about who has the right to see the will.
The person who holds the original will (often a lawyer or close family member) must allow certain people to see or get a copy of it. This includes:
- anyone named in the will (even if they don’t end up receiving anything);
- anyone who was named in an earlier version;
- close relatives, like a spouse, children (including stepchildren) and parents; and
- someone who had a financial or legal connection with the deceased – like being owed money or being in business together.
Understanding who can view a will helps avoid confusion and ensures the administration process is transparent.
If you’re unsure whether you’re entitled to see a will or whether you are obliged to provide a copy to someone who has requested it, seek professional legal advice.
Note, the rules above only apply to a person who has passed away.
While a person is alive, they (or their substituted decision maker if they have lost capacity) will decide who gets to see the will.
Trent Wakerley, Director, Wakerley Legal, Level 3, Ocean Central, 2 Ocean Street, Maroochydore, 5443 9600, wakerleylegal.com.au
This column is part of our Business 2 Business (B2B) series featuring industry leaders sharing their expertise. For more great articles, SUBSCRIBE to our FREE news feed, direct to your inbox daily. All you need to do is enter your email below.
