A will is a document that contains instructions related to liabilities and the distribution of assets belonging to a person who has passed away. The beneficiaries named in the will are provided a copy of the document as evidence of these instructions.

Copies are also provided to insurers, financial institutions and will lawyers who may need evidence to carry out the instructions contained therein. Under the Succession Act 1981, certain people may be entitled to a copy of the will for the purposes of contesting it. In this article, WGC Lawyers provides information on how to find the will of a deceased person with the help of a wills lawyer Cairns residents can rely on.

Are You Eligible to Request a Copy of a Will?

Contacting a wills lawyer in Cairns will help you determine whether you are eligible to obtain a copy of the will from the person acting on behalf of the testator. Under section 33Z of the Succession Act 1981, an individual is eligible if they are:

  • A beneficiary, executor, guardian, or other person mentioned in the will
  • A beneficiary, executor, or guardian mentioned in an earlier version of the will
  • A de facto or marital spouse of the deceased
  • A parent or guardian of the deceased
  •  A creditor with a legitimate claim against the estate
  • An individual who held an enduring power of attorney on behalf of the deceased
  • A public trustee or a bank who formally managed the estate of the testator
  • Any individual eligible to make a Family Provision Application
  • Parent or guardian of a minor mentioned in the will

Refusal to Provide a Copy of the Will

If you are eligible for a copy of a will but have been refused access by an executor, it is important to contact a wills lawyer Cairns residents have trusted for decades, such as WGC Lawyers. A lawyer will have the legal knowledge to provide you with the right course of action to address delays, refusals, and to help you act quickly.

Experienced Lawyers for Estate Planning Cairns

If you believe you are eligible to view a copy of a will, or you have been unfairly refused a copy of a will from an executor, contact WGC Lawyers today for a free consultation and astute legal advice.