My brother is executor of my father’s will and refuses to let me read it. What can I do?

Telemon Lawyers > FAQs > Uncategorized > My brother is executor of my father’s will and refuses to let me read it. What can I do?
Jacob and Esau may have had a dispute about Isaac's will if they had lived in New South Wales: Esau Selling His Birthright - c. 1627" by Hendrick ter Brugghen - Web Gallery of Art:   Image  Info about artwork. Licensed under Public Domain via Commons
Jacob and Esau may have had a dispute about their father Isaac’s will if they had lived in New South Wales: Esau Selling His Birthright – c. 1627″ by Hendrick ter Brugghen – Web Gallery of Art:   Image  Info about artwork. Licensed under Public Domain via Commons

Under NSW law certain people are entitled to inspect or obtain a copy of the will. The list is set out in Section 54 of the Succession Act 2006.

Some of the persons included in that list include the surviving spouse or partner of the deceased, anyone named in the current or a former will of the deceased (as a beneficiary or in some other way [e.g. as a former executor]), “any person who would be entitled to a share of the estate of the deceased person if the deceased person had died intestate”, and “any person (including a creditor) who has or may have a claim at law or in equity against the estate of the deceased person”. That means that it is highly likely that any child of the deceased would be entitled to see the will.

Practically where an executor has instructed a solicitor, it is not uncommon to supply a copy of the will to an entitled person without much delay however if there is any obstruction or delay legal advices should be obtained immediately.

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