Who is entitled to a copy of a Will in Queensland?

When a family member passes away, finding out what is in their will is naturally a priority. However, sometimes the executor (the person appointed to manage the estate) may be reluctant to share the document, leading to frustration and suspicion. Many people mistakenly believe the executor can keep the will a secret until probate is granted.

In Queensland, the law expressly ensures that a range of interested parties have a binding legal right to obtain a copy of the deceased’s will upon request.

Who Has the Right to a Copy?

Under section 33Z of the Succession Act 1981 (Qld), the right to a copy is a mandatory statutory entitlement, not just a discretionary choice by the executor. Any person who possesses or controls a will, including the executor, the estate solicitor, or the Public Trustee—must allow an entitled person to inspect it or provide them with a certified copy (at the requester’s expense). This obligation arises immediately and exists whether or not the estate has gone to probate.

Furthermore, this entitlement extends to all prior testamentary documents, not just the deceased’s most recent will. This is critical if earlier versions named different beneficiaries.

You have an automatic right to request a copy if you are ¹:

1. A person named or referred to in the current will or any prior will (whether as a beneficiary or not).
2. The spouse or de facto partner of the deceased person.
3. A parent, guardian, or child (biological or adopted) of the deceased.
4. A person who would be entitled to a share of the estate if the deceased had died intestate (without a will). For example, if the deceased had no spouse or children, siblings are next in line under Queensland intestacy rules.
5. A creditor or person who has a legal or equitable claim against the estate.
6. A person who held an enduring power of attorney for the deceased.
7. Anyone eligible to apply for a family provision order under section 41.

If you fall into any of these categories (for example, you are the oldest surviving sibling and next of kin), you have a strong statutory right to ask the executor for a copy of the will immediately.

How to Get the Document

Rather than making an informal request and hoping for cooperation, you should write formally to the person or entity holding the will (whether it is the executor or the estate’s solicitor). You should explicitly cite section 33Z of the Succession Act 1981 (Qld) and demand a certified copy of the will and any prior wills.

If the person holding the will refuses, they can be held to account. Courts take a dim view of executors or solicitors who fail this statutory duty, and an application to the Supreme Court can compel production of the document.

Additionally, once a will does go through the Probate process at the Supreme Court of Queensland, it becomes a public document. Anyone can apply to the court and pay a fee to obtain a copy of an admitted will from the court registry ².

Why Access Matters

Reviewing the will promptly is critical if there are intentions to contest the estate. For example, if you intend to bring a Family Provision Claim because you were excluded or not adequately provided for, strict time limits apply (written notice within 6 months of death). Promptly obtaining the will is the necessary first step to receiving independent legal advice on the merits of a claim.

Related Topics

• How do I make a Family Provision Claim in QLD?
• What are the Executor’s Duties?
• Do you need a lawyer for Probate?

📞 (07) 5532 8777 | 🌐 bellsenior.com.au | Contact us