Will Disputes in Queensland

Who is entitled to inspect or obtain a copy of the deceased’s will?

The answer is provided by section 33Z of the Succession Act 1981 (QLD) which states:

(1) A person who has possession or control of a will of a deceased testator must, if asked, do either or both of the following—

(a) allow an entitled person to inspect the will;

(b) give an entitled person a certified copy of the will on payment of the person’s reasonable expenses of giving the certified copy.

(2) If a will of a deceased testator has been lost, stolen or destroyed, a person who has possession or control of a copy of the will must, if asked, do either or both of the following—

(a) allow an entitled person to inspect the copy;

(b) give an entitled person a certified copy of the copy on payment of the person’s reasonable expenses of giving the certified copy.

(3) A person who has possession or control of a will, or a copy of a will, of a deceased person must produce it in court if the court requires it.

(4) In this section—

certified copy—

(a) of a will—means a copy of the will that has a statement on it, signed by the person giving the copy, that the copy is a true copy of the will; or

(b) of a copy of a will—means a copy of the copy of the will that has a statement on it, signed by the person giving the copy, that the copy is a true copy of what it purports to be.

entitled person, in relation to a will, means—

(a) a person mentioned in the will, whether as beneficiary or not and whether named or not; or

(b) a person mentioned in any earlier will of the testator as a beneficiary and whether named or not; or

(c) a spouse, parent or issue of the testator; or

(d) a person who would be entitled to a share of the estate of the testator if the testator had died intestate; or

(e) a parent or guardian of a minor mentioned in the will or who would be entitled to a share of the estate if the testator had died intestate; or

(f) a creditor or other person who has a claim at law or in equity against the estate; or

(g) a person who may apply for an order under section 41.

parent see section 61A.

will includes—

(a) a purported will or revoked will; and

(b) a part of a will, purported will or revoked will.