Who may see the Will?

This question doesn't affect the way a Will is made - only who has a right to see a Will following the death of the Will maker. That varies from State to State.

As a starting point, here is a list of the people who have a right to see the Will in Victoria:

Example: Who may see a Will in Victoria

Section 50 of the (Victorian) Wills Act gives these people the RIGHT to see a Will.

"A person who has possession and control of a will, a revoked will or a purported will of a deceased person must allow the following persons to inspect and make copies of the will (at their own expense)-
(a) any person named or referred to in the will, whether as beneficiary or not;
(b) any person named or referred to in any earlier will as a beneficiary;
(c) any spouse of the testator at the date of the testator's death;
(d) any domestic partner of the testator;
(e) any parent, guardian or children of the deceased person;
(f) any person who would be entitled to a share of the estate if the deceased person had died intestate;
(g) any parent or guardian of a minor referred to in the will or who would be entitled to a share of the estate of the testator if the testator had died intestate;
(h) any creditor or other person who has a claim at law or in equity against the estate of the deceased person and who produces evidence of that claim."

We sometimes hear of solicitors refusing to let family members see a Will. The first step in persuading them that you have a RIGHT to see the Will is to wave the relevant piece of legislation at them. (In Victoria for example that is section 50 of the Wills Act).


NEXT - effect of divorce on Wills

Will Kit ordering information