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Answered in 4 minutes by:
5/2/2013
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,728
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Morning
Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.
As the beneficiary under a Will you are entitled to a copy of the will.
The executor cannot withhold the will from you.
You can call the Solicitor that is acting on the probate and ask them for a copy.
It is your right to get a copy.
What are the grounds they are citing to refuse you a copy?
Good Afternoon
My apologies for the delay but I was caught on another question.
The executors incorrect about you having to waste or probate.
You are entitled to obtain the will be for probate as you are a beneficiary.
This is under section 33Z of the succession act of Queensland and I attach a copy of that section for your attention.
http://www.austlii.edu.au/au/legis/qld/consol_act/sa1981138/s33z.html
You can show that to the executor and it clearly indicates that you are entitled to a copy of the will.
You can take them to court to get the will but this is can be more costly exercise than is worthwhile.
But that is the section you can rely on under the succession act of Queensland gives you the right to copy.
Again my apologies for the delay and I hope that I have assisted with your question.
I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.
If I have assisted please do not forget to leave me with positive feedback.
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,728
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedLeon and 87 other Australia Law Specialists are ready to help you
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