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How do I get a copy of the will?
First step is to ask the executor.
If you don't know who the executor is, or the executor refuses to provide a copy, consider the following:
- Make enquiries with lawyers who the deceased person may have used to create their will;
- Call the Supreme Court in your state and ask if probate has been applied for or granted. If so, the will is attached to probate and you can apply to be given a copy.
- In New South Wales, you can apply to the court for a copy of the will if you are either named in the will or you are in a certain relationship with the deceased. While other states don’t have this specific rule, in most cases a letter from your solicitor to the executor or his or her solicitor is enough.
You can take these steps yourself or ask us to do it, as part of our free Investigation Stage. There are a number of other avenues you can consider, all of which your lawyer should know.
If in doubt, call us on 1800 720 211, we are happy to help.