Creating a Will is an essential step in ensuring your wishes are followed after your death. However, once a Will is made, a common question arises: Who can see it?
In Victoria, the process of accessing a Will is governed by the Wills Act 1997 (Vic), which outlines the law on who can view a Will after someone’s passing.
What is a Will?
Before diving into who can see a Will, it’s important to understand what a Will is. A Will is a legal document that specifies how a person’s estate – such as their assets, property, and personal belongings – will be distributed after they die.
It may also include directives for:
- Gifts of specific items;
- Superannuation distribution (in some cases);
- Appointment of guardians for minor children; or
- Funeral wishes.
Accessing a Will in Victoria
In Victoria, a Will remains a private document during a person’s lifetime. However, after death, the Will becomes part of the probate process, which opens it up for review by certain parties.
Under Section 50 of the Wills Act 1997, the executor, administrator, or public trustee is required to provide a copy of the Will to the following individuals, upon request:
- Anyone named in the Will, such as beneficiaries, executors, and trustees;
- Individuals mentioned as beneficiaries in a previous versions of the Will;
- The current spouse of the deceased;
- The deceased’s domestic or de facto partner;
- A guardian, parent, or child of the deceased;
- Anyone entitled under intestacy laws to claim against the estate;
- A parent or guardian of a beneficiary or person entitled under intestacy laws; and
- Any creditor or individual who has a claim against the deceased’s estate.
The Public’s Access to a Will
While a Will is generally a private document, once a Grant of Probate is issued by the Victorian Probate Office, the Will becomes accessible for public inspection. This allows individuals or entities to view the Will, primarily for legal purposes or to verify the validity of the document.
Key Takeaways: Who Can See a Will in Victoria?
In summary, in Victoria, the right to view a Will is determined by a person’s relationship to the deceased and their involvement in the estate administration.
If you’re unsure about your rights to access a Will or need guidance on the probate process, our experienced Wills and Estates Team can assist you in navigating the often-complex legal landscape of estate administration. For more information, contact us on 03 9614 7111 or at melbourne@nevettford.com.au.