Obtaining A Copy Of A Will In Victoria

When someone dies it is the law in Victoria, Australia that those who are eligible, have the right to get access to a copy of their will. This is stipulated in the Wills Act of 1997. A will is written by the testator before they die and is a legal document stating their instructions for their assets as well as other things. It often names someone as the executor of their estate though you do not have to accept this role. If you do then you have to get a probate grant from the court in Victoria to validate the will and confirm the executor’s authority. It is important that the executor be told before you pass where you are leaving your will.

In most situations when someone passes, those who hold the will abide by the law and notify the people named in the will of the death and that they are a beneficiary. They give those people a copy of the will and they can see the contents of it. When the person holding the will employs a wills and probate Victoria lawyer, everything is done appropriately and to the law, while keeping the process moving smoothly along. The deceased may have chosen to leave their will with a lawyer so it is this solicitor who does the same, producing the will for those who are eligible to get copies. If this is not undertaken those people can follow other ways to get a copy.

Wills and probate Victoria - who can get a copy?

A will in Victoria only becomes a matter of public record once probate has been granted by the court. When probate has been granted it is also a lot harder for others to challenge the contents of the will. It is important that people have access to the copy of the will early enough so they can have time to come up with a plan before a Probate Grant is applied for and granted. The people who are allowed a probate search Victoria or a copy of the will are;

• Any parents, children or guardians of the testator (person who writes the will)
• Anyone who has a claim against the estate of the deceased including creditors
• Anyone named as a beneficiary in the will and anyone else named such as trustees and executors
• Anyone who was named in a previous will of the testator
• The current de facto partner or spouse of the testator
• If a beneficiary is young then their guardian or parent
• Anyone who can claim against the estate under the intestate succession law

Finding a will

Sometimes the main reason for not getting a copy of the will is that people do not know who has it! People or places most commonly used as will holders are their banks in a deposit box, with a family lawyer, with the closest family member or the next of kin, with an accountant, with a funeral home or you can do a probate search Victoria at the probate office.