Mother Died and Stepfather Won't Let Us See Her Will

[Anoweef]

My daughter in laws mother died nearly 2 years ago. She did not have time to amend her will to indicate her separation from her then husband. Since then, the step father has refused to show the will to both her and her brother . Can this be done and what are the implications? She was with her mum when she died whilst he was away with his girlfriend but he has gained the house, contents, life insurance etc - please advise and thank you

 

[John R]

Hi Anoweef,

1. Have you contacted the lawyer for your daughter in law's mother to request a copy of the will?
2. Which state/territory was your daughter in law's mother located in? Legislation like the Succession Act generally enables family members to access a will under specific circumstances.

 

[Anoweef]

Hi John - NSW and she is not aware of any solicitor /lawyer involvement .

 

[lawanswers]

From Twitter:

https://twitter.com/i/web/status/484964941971996672

 

[Anoweef]

@eugenewhite - found section for NSW .. Many thanks - he has been asked previously but won't pass it on.

 

[winston wolf]

My understanding is that in most states anybody that could make a family a provision claim has the right to see a will. In this case the daughter of the deceased. You may need to pay the cost of copying and post, say $50-$100.

 

[Anoweef]

Thank you Winston - that is my understanding as well. No help if he won't give up a copy. I guess from here it is now about understanding how I go about enforcing her right to a copy of the will.

 

[winston wolf]

If probate was granted the daughter can apply to the NSW Supreme Court probate registry for a copy of the will.
Give them a call and see what they say or check.
http://www.supremecourt.lawlink.nsw.gov.au/supremecourt/sco2_probate/frequently_asked_questions.html