How to get a copy of a Deceased Will in QLD?

If you feel that you are being left out of a Will and have not received the assets you think you should receive or believe that the will has changed, obtaining your deceased family’s will is the key to finding out how and why.

You can get a copy of the current will, or any previous versions, and a list of assets from the executor. A good executor usually compares the will copies and will notify you if you are being removed. If you are not told, and it enters probate, you can able to get a copy from the probate court.

Who can have a copy of Will?

Not everyone can obtain a copy of the Will. According to the legislation in Queensland, a person (executor) who has control of the Will must provide a copy at the request of an “entitled person”.

An “entitled person” under Successions Act 1981 (Qld) identify as:

• a person who is mentioned or named on the Will or an earlier will;
• a deceased’s spouse, de facto partner, parent, or child;
• a guardian or parent of a minor, if the minor is mentioned in the Will;
• if the dead died intestate (without a will), this person would be entitled to a part of the estate;
• a creditor or other third parties who has a legal claim against the estate;
• a person who files a family provision application to oppose a will under Succession Act 1981 (Qld).

Time Limits on Requesting Will’s Copies

There is no time limit on requesting or obtaining a copy of a Will unless you are going to challenge or contest the deceased’s will. If you are going to apply for a family provision claim, you only have six months timeframe. A late application may not be acknowledged by the court unless you have a valid reason why it’s late.

This legal action will be time-consuming and stressful. If you managed to obtain a copy of the Will without a lawyer, you should get one. Your Estate Litigation lawyer will help you with the process and measure if your grounds are winnable.