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Reading of a Will Estate Administration Litigation Lawyer Brisbane Queensland Sunshine Coast Australia

Does an Executor have to conduct a “reading of the Will”?

I am often asked by new enquirers whether the Executor of an estate has a duty to hold a “reading of the Will” where the deceased’s family and friends are gathered together and the deceased’s Will is then read aloud. Although scenes such as these are played out in numerous American movies, there is no requirement to have a reading of the Will in Australia.

But how will I find out if I am in someone’s Will?

Under the Queensland Succession Act 1981, the following persons are entitled to inspect or obtain a copy of a Will after the Willmaker has passed away:

  1. A person mentioned in the Will, whether as beneficiary or not and whether named or not.

For example, if the Willmaker left part of their estate to “my grandchildren”, any of the Willmaker’s grandchildren would be entitled to inspect or obtain a copy of the Will, even though they are not individually named; or

  1. A person mentioned in any earlier Will of the Willmaker as a beneficiary, and whether named or not; or
  1. A spouse, parent or child of the Willmaker; or
  1. A person who would be entitled to a share of the estate of the Willmaker if the Willmaker had died without a Will; or
  1. A parent or guardian of a minor mentioned in the Will or who would be entitled to a share of the estate if the Willmaker had died without a Will; or
  1. A creditor or other person who has a claim at law or in equity against the estate; or
  1. A person who would be eligible to apply to the Court for further provision from the Willmaker’s estate.

I have obtained a copy of the Will and I am not in it, although I think I should be. What should I do?

If you feel that you have been unfairly left out of a Will, you should contact an experienced estate litigation lawyer. Please contact me if you would like advice or assistance.

 

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The information provided in this article is for general information and educative purposes in summary form on legal topics which is current at the time it is published. The content does not constitute legal advice or recommendations and should not be relied upon as such. Whilst every care has been taken in the preparation of this article, Wills, Estates and Probate Lawyers (WEP Lawyers) cannot accept responsibility for any errors, including those caused by negligence, in the material. We make no representations, statements or warranties about the accuracy or completeness of the information and you should not rely on it. You are advised to make your own independent inquiries regarding the accuracy of any information provided on this website. WEP Lawyers does not guarantee, and accepts no legal responsibility whatsoever arising from or in connection to the accuracy, reliability, currency, correctness or completeness of any material contained in this article. Links to third party websites or articles does not constitute any endorsement or approval of those sites or the owners of those sites. Nothing in this article should be construed as granting any licence or right for you to use that content. You should consult the third party’s terms and conditions of use in relation to any third-party content. WEP Lawyers disclaims all responsibility and all liability (including liability for negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way. Appropriate legal advice should always be obtained in actual situations.

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Chloe Kopilovic

Written by—

Chloe Kopilovic

Call 07 3035 4077 to speak with our team now