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Can you see the Will of someone who has passed away?



It can be a very stressful and difficult time when a loved one has passed away. Many questions can be raised: Are you searching for a copy of their Will? Are you wondering who their Executor is?

A Will is a legal document that provides instructions on who to appoint to handle their affairs and how to distribute their assets. A Will is a very private document and most of the time only the Testator and those who have prepared the document, are aware of the content, prior to the Testator’s death.

Section 50 of the Wills Act 1997 (Vic) states that the following individuals have the right to view the Testator's Will after they have passed away:


- A person who is named or referred to in the Will notwithstanding if they have been referenced as

a beneficiary or not;

- A person named or referred to in any earlier Will as a beneficiary;

- Any spouse of the Testator at the date of death;

- Any domestic partner of the Testator;

- Any parent, guardian or child/children;

- Any person who would be entitled to a share of the estate if the deceased person had died

intestate;

- Any parent or guardian of a minor referred to in the Will or who would be entitled to a share of the estate of the Testator if the Testator had died intestate; and

- Any creditor who has a claim against the Estate and who produces evidence of the claim.


If you fit one of these categories, you are eligible to view the deceased’s Will and any prior Will, but not until the person has died.


How can Nevin Lenne Gross help you?

Nevin Lenne Gross empathise with the difficult and stressful time people are going through when a loved one has passed away. We can provide advice regarding where to begin when it is time to view a loved one’s Will or even help determine whether you are eligible to view someone’s Will.

Nevin Lenne Gross provide efficient and quality services to our community. If you have made a Will or would like to make a Will and would like to know who can view your Will contact one of our offices and we will be happy to assist you.


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