In order to safeguard the rights of a person who has passed away, Australian law provides protection to the executor and administrator of a will. Most states now have clearly defined language which indicates the categories of people who are entitled to view the will of a deceased person. In this blog, WGC Lawyers provides information on whether a family member is eligible for a copy of a will.
Are You Eligible to See a Will?
It is important to note that not all family members are considered eligible for a copy of a will. For an executor or administrator to be legally required to furnish you with a copy, you need to fulfill one of the following criteria:
- You must be a beneficiary, executor, or guardian named in the will
- You must be mentioned in an earlier version of the will
- You must be a marital or de facto spouse of the deceased
- You must be a parent or legal guardian of the deceased
- You must be a creditor with a legitimate claim against the estate of the deceased
- You must prove that you held an enduring power of attorney on behalf of the deceased
- You must represent a public trustee or bank that formally managed the estate of the deceased
If you are a family member and believe that you are eligible to request a copy of the will, you can submit a Family Provision Application to remonstrate for legal support.
Adoption laws in Australia ensure that legally adopted children are entitled to the same rights as any natural children of a deceased individual.
There are specified time frames within which a will must be contested or challenged. If you are eligible to obtain a copy of a will and are being blocked from doing so by an executor, be sure to contact WGC Lawyers immediately. By hiring a wills lawyer Cairns plaintiffs can rely on, you can ensure appropriate communication between parties, and know that your will dispute claim will be filed accurately.
Experienced Lawyers or Estate Planning in Cairns
While not all family members are eligible to see a copy of a person’s will, consulting an experienced estate planning lawyer will help you determine whether you fall under the specified criteria. Contact WGC Lawyers today for a free consultation to answer all your estate planning questions.