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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44368
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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How do I apply to see a copy of my deceased mother will,

Customer Question

How do I apply to see a copy of my deceased mother will
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: NSW
JA: Has anything been filed or reported?
Customer: I don't know. I have asked my step father if I could see a copy but he has refused my request
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so, at this stage I would just like to see a copy
Submitted: 2 months ago.
Category: Australia Law
Expert:  Leon replied 2 months ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 2 months ago.

Good Morning.

If you are a beneficiary then under the law you are entitled to a copy.

If you are not a beneficiary then you are not entitled to a copy.

Do you know if your step father is the executor?

Customer: replied 2 months ago.
I don't know who the executor is or if I am a benificiary. It was my mother that passed away
Expert:  Leon replied 2 months ago.

Do you know who has the will?

Customer: replied 2 months ago.
No I don't know. I think it might be a solicitor in Nambucca Heads NSW
Customer: replied 2 months ago.
Are you still there?
Expert:  Leon replied 2 months ago.

You have to call the solicitor that you thin has the will and chase it up.

Wills are not registered in Australia.

You have to make enquiries with solicitors in the local area that she may have used.

Also your request to the strep father also should be in writing.

Section 54 of the Succession act sets out who can access as will and you should quote the section to the step father.

http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s54.html

If he refuses to give you a copy and you are a person entitled then you can seek an order from the court.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon