Am I allowed to see a will before I contest it?

Published 23 Nov 2016

One of the most difficult parts of contesting a will is actually understanding the specifics of the document itself. Without some time to read over it, it can be challenging to get a clear idea of what exactly a deceased's will means for you, other beneficiaries and those who missed out.

However, depending on your relationship with the deceased, you may not have an opportunity to actually sit down and spend a lot of time with the will, making the process of getting a fair compensation all the more difficult. Here's a list of everyone who is able to have time with a will.

Expansive list of potential will viewers

While it seems limiting, the list of people who are able to view a will can actually expand according to different conditions, which is valuable to people who feel like the document hasn't served their best interests. For starters, you don't have to be named as a beneficiary in the will to be able to view the document or receive a copy of it.

Anyone named by the will, whether as a beneficiary or not, is able to view it or have a copy made, making it easier for them, with the help of lawyers, to assess it and come up with any questions they may have. Alternatively, people that were named in an earlier version of the will, yet omitted from the latest update are able to read it and see what has changed. If you're in this position and feel aggrieved, it's important to take your case to a lawyer.

Importantly, if you're likely to be on the list of people who would be considered beneficiaries if the person had died intestate (without a will) then you are also able to view the document. If you're part of this list but not listed as a beneficiary, you may want to consider contesting the outcomes of the will.

Contact the experts to find out more

Ultimately, if you're unsure about the validity of a will or what it means to you, it's best to talk to people that are familiar with these sorts of cases. Whether you've read through a will and believe you aren't fairly accounted for or are struggling to get hold of a copy, Gerard Malouf and Partners can help.

To find out more, get in touch with our team today.

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