Joined: 05/November/2009
Location: Australia
Posts: 5
QuoteReplyTopic: Who has the right to view a will Posted: 05/November/2009 at 09:05
I am executor of my late father's estate. There is only one beneficiary, his spouse. My brother died a month after my father leaving no will. A law firm representing my late brother's defacto partner of 4 years have asked for a copy of the will. Can I refuse?
I am in WA.
You can of course refuse. This will not stop the law firm getting a copy of the will. This person can claim an interest in the will, and so they are entitled to it. From my knowledge, and I am not a qualified poerson, it is best to be expedient and send a copy of the will. Have a lawyer do this for you.
Thanks for your reply. My concern is that a person who under WA State Law, who is not an interested party, and is not eligible to challenge a will have access to private information they could not see otherwise. Does the will become public after probate is granted?
The will becomes public domain as MartinO says, and then, anyone can get a copy to keep for themselves. In South Australia for instance, you get a copy from the court in Adelaide, and if you are som inlcined, they will post a copoy to you for about fifteen dollars all up. In my first reply, I said it was best to send them a copy, because they will ask a lawyer to get one. The cost of that copy will then far exceed the fifteen dollar amount.
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