If you require access to a copy of the Will of someone who is still alive, or If you are being denied access to a copy of a Will of a deceased person that you are entitled to see, we strongly recommend that you contact Siew Goh, Adrian Riccioni or the RNG Lawyers Wills & Estates team for an appointment.
This blog post relates to when you can see a copy of a Will in regards to someone who has already died. The position in regards to access to a Will for someone who is still living is different and will depend on the circumstances.
Sometimes we are approached by individuals who have been denied access to a Will when the Act says that they should be provided with a copy.
If you are being denied access to a Will, it is possible to compel a copy to be produced to you, including by way of Court Order. Luckily such Applications are rare. At RNG Lawyers, we are generally able to negotiate on behalf of our clients to ensure that copies of all Wills, revoked Wills and purported Wills of a deceased person are provided as soon as practicable.
If a Grant of Probate or Administration has been obtained, then a copy of the Grant, together with the last Will of the deceased (if any), is available by inspection by any person by attending upon either the Supreme Court of Victoria or the Public Records Office of Victoria (older estates only). For more information about obtaining a copy of a Grant of Probate or Administration, please see the following link.