What is a Will?
A Will is a document that clearly states the person's wishes after death, including inheritance, care for any children or other dependents, and any other wishes after death. This can always be explained to you by a Legal Practitioner and is also detailed on our page here.
However, do you have the right to see your loved one’s Will? Under the recently passed Succession Act 2023 (SA), specifically section 48, it is clearly denoted who can view the Will of a deceased person.
Who can see the Will?
The term Will can include documents constituting an informal Will (often not drawn by a solicitor), a copy of an original Will, any Will’s that have been previously revoked that are no longer in use, or an original Will and any part thereof.
It includes people who are most likely to benefit from or dispute the Will, which are as follows:
- a person named or referred to in the Will (whether as a beneficiary or not);
- a person named or referred to in an earlier Will as a beneficiary of the deceased person;
- the surviving spouse, domestic partner or child or stepchild of the deceased person;
- a former spouse or domestic partner of the deceased;
- a parent or guardian of the deceased person;
- a person who would be entitled to a share of the estate of the deceased person if the deceased person had died intestate;
- a 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
- a person committed with the management of the deceased person's estate under the Guardianship and Administration Act 1993 immediately before the death of the deceased person.
The above only applies if the person is deceased. Whilst the person is alive, no one has the right to see their Will, including the executor. A lawyer typically holds it in a safe location, most commonly at their office.
How to see the Will?
A claim to view the Will post-mortem can only be made against the Will if the Court deems the applicant has a "proper interest in the matter" or viewing the Will would be "appropriate in the circumstances".
Once deceased, the Will is to be produced to the Court if the Court requires. This may be for probate or a disputed estate claim.
You may want to see the Will to see how the deceased person wishes to have their assets distributed, to see if you are a beneficiary, or to dispute the management of the estate by an executor. Viewing the Will may give you peace of mind in knowing the deceased person's wishes.
Do you have a Will?
All adults should have a Will. Planning for the unlikely event of death may seem extreme, but it ensures all your wishes are carried out.
If you require the drawing of a Will or need assistance in an estate dispute, contact Wadlow Solicitors on 8212 2955 to schedule an appointment.
For more information on other key changes under the Succession Act 2023, please read our article here.
