Disputes among beneficiaries can arise due to various factors, including disagreements over the distribution of assets, interpretations of the will's provisions, doubts about the executor's actions or concerns regarding the will's validity.
The executor's unwillingness to share a copy of the will can sometimes contribute to disputes.
Providing beneficiaries with a copy of the will after the testator's death can help mitigate potential conflicts by promoting transparency and ensuring everyone knows the document's contents.
Table of Contents
Unlike most other states and territories, there is no specific legislation in Western Australia for interested persons other than the executor to be provided with access to a deceased person's will before probate of the will is granted.
These are several tips on how to access the deceased's will if you believe you are a beneficiary:
Contact the executor
The executor administers the deceased person's estate. You can start by contacting the executor and expressing your belief that you are a beneficiary in the will. Make a written request to the executor, asking for a copy of the will. The executor should have a copy of the will and can provide you with the relevant information.
Contact the deceased person's lawyer
If you cannot reach the executor or do not know who the executor is, you can try to contact the deceased person's lawyer. The lawyer who assisted in drafting the will may have a copy on file or be able to provide you with information about the executor.
Wait for probate to be granted
Probate is the legal process that validates a will and allows the executor to administer the estate. Once probate has been granted, the will becomes a public document and you can obtain a copy from the Probate Office of the Supreme Court of Western Australia upon payment of the required fee.
If you would like more detailed information, please take a look at this article by the Law Society of Western Australia.
Seek legal advice
If you are still looking for a copy of the will or need further guidance, consulting a lawyer specialising in estate law may be helpful. They can provide specific advice based on your situation and help you navigate the legal processes involved.
Remember that the process for obtaining a copy of a will may vary depending on the jurisdiction and individual circumstances. So, consulting with a legal professional for personalised advice is always best.
Call Crystal Lawyers on 04211 45637 for advice today.