How do I get a copy of the will?
First step is to ask the executor. If you don’t know who the executor is, or the executor refuses to provide a copy, consider the following:
- Make enquiries with lawyers who the deceased person may have used to create their will;
- Call the Supreme Court in your state (or visit their website) and ask if probate has been applied for or granted. If so, the will is attached to probate and some people can apply to be given a copy.
- In New South Wales, you can apply to the court for a copy of the will if you are either named in the will or you are in a certain relationship with the deceased. While other states don’t have this specific rule, in most cases a letter from your solicitor to the executor or his or her solicitor is enough.
There are a number of other avenues you can consider, all of which your lawyer should know.
If you are having no luck with the above approaches we suggest you book a free 15-minute consult and we may be able to help you with this step.
