Who is entitled to request or obtain a copy of a will in Queensland?

In Queensland, section 33Z of the Succession Act 1981 provides that only an ‘entitled’ person can obtain a copy of the will.  An entitled person is defined as follows: –

1. a person mentioned in the will, whether as beneficiary or not and whether named or not; or
2. a person mentioned in any earlier will of the testator as a beneficiary and whether named or not; or
3. a spouse, parent, or issue of the testator; or
4. a person who would be entitled to a share of the estate of the testator if the testator had died intestate; or
5. a parent or guardian of a minor mentioned in the will or who would be entitled to a share of the estate if the testator had died intestate; or
6. a creditor or other person who has a claim at law or in equity against the estate; or
7. a person who may apply for an order under section 41 of the succession Act 1981

This means that if you have possession or control of a will of a deceased testator, if asked, you must do the following: –

1. allow an entitled person to inspect the will;
2. give an entitled person a certified copy of the will on payment of the person’s reasonable expenses of giving the certified copy.

If a will of a deceased testator has been lost, stolen, or destroyed, a person who has possession or control of a copy of the will must, if asked, do either or both of the following—

1. allow an entitled person to inspect the copy;
2. give an entitled person a certified copy of the copy on payment of the person’s reasonable expenses of giving the certified copy.

A person who has possession or control of a will, or a copy of a will, of a deceased person must produce it in court if the court requires it.

It is important to note that a will also includes the following:—

(a)a purported will or revoked will; and

(b)a part of a will, purported will or revoked will.

If you need assistance in this matter, don’t hesitate to reach out to us! Our team of knowledgeable lawyers are here to guide you through the legal complexities, ensuring that your rights are protected and that you can make informed decisions.