• Rights Of A Beneficiary Under A Will

Many of the questions often asked by potential beneficiaries under a Will concern their rights to know the content of a Will. Many beneficiaries still mistakenly assume that they should be invited to a “reading of the Will” just like in many old movies. This is not a legal requirement.

The executor has a duty to inform beneficiaries of the nature and extent of their entitlement under a Will. The executor also has a duty to tell beneficiaries when they might expect to receive their entitlement.

Beneficiaries are entitled to a copy of the Will if they request one. A person who has possession or control of  a Will of a deceased person must allow a Beneficiary to inspect or be given copies of the Will.

Other people may also gain access to a Will. These people include those named in a Will or an earlier version of a Will whether they are Beneficiaries or not, surviving spouses, de facto partners or children, parents or guardians, creditors, attorneys under an Enduring Power of Attorney and certain other people the law says may gain access.

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