QLDIn ForceAct
Succession Act 1981
sec.33ZPersons entitled to inspect a will or to obtain a copy of a will
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### sec.33Z Persons entitled to inspect a will or to obtain a copy of a will
A person who has possession or control of a will of a deceased testator must, if asked, do either or both of the following—
allow an entitled person to inspect the will;
give an entitled person a certified copy of the will on payment of the person’s reasonable expenses of giving the certified copy.
If a will of a deceased testator has been lost, stolen or destroyed, a person who has possession or control of a copy of the will must, if asked, do either or both of the following—
allow an entitled person to inspect the copy;
give an entitled person a certified copy of the copy on payment of the person’s reasonable expenses of giving the certified copy.
A person who has possession or control of a will, or a copy of a will, of a deceased person must produce it in court if the court requires it.
In this section—
certified copy —
of a will—means a copy of the will that has a statement on it, signed by the person giving the copy, that the copy is a true copy of the will; or
of a copy of a will—means a copy of the copy of the will that has a statement on it, signed by the person giving the copy, that the copy is a true copy of what it purports to be.
entitled person , in relation to a will, means—
a person mentioned in the will, whether as beneficiary or not and whether named or not; or
a person mentioned in any earlier will of the testator as a beneficiary and whether named or not; or
a spouse, parent or issue of the testator; or
a person who would be entitled to a share of the estate of the testator if the testator had died intestate; or
a parent or guardian of a minor mentioned in the will or who would be entitled to a share of the estate if the testator had died intestate; or
a creditor or other person who has a claim at law or in equity against the estate; or
a person who may apply for an order under section 41 .
parent see section 61A .
will includes—
a purported will or revoked will; and
a part of a will, purported will or revoked will.
s 33Z ins 2006 No. 1 s 6
(sec.33Z-ssec.1) A person who has possession or control of a will of a deceased testator must, if asked, do either or both of the following— allow an entitled person to inspect the will; give an entitled person a certified copy of the will on payment of the person’s reasonable expenses of giving the certified copy.
(sec.33Z-ssec.2) If a will of a deceased testator has been lost, stolen or destroyed, a person who has possession or control of a copy of the will must, if asked, do either or both of the following— allow an entitled person to inspect the copy; give an entitled person a certified copy of the copy on payment of the person’s reasonable expenses of giving the certified copy.
(sec.33Z-ssec.3) A person who has possession or control of a will, or a copy of a will, of a deceased person must produce it in court if the court requires it.
(sec.33Z-ssec.4) In this section— certified copy — of a will—means a copy of the will that has a statement on it, signed by the person giving the copy, that the copy is a true copy of the will; or of a copy of a will—means a copy of the copy of the will that has a statement on it, signed by the person giving the copy, that the copy is a true copy of what it purports to be. entitled person , in relation to a will, means— a person mentioned in the will, whether as beneficiary or not and whether named or not; or a person mentioned in any earlier will of the testator as a beneficiary and whether named or not; or a spouse, parent or issue of the testator; or a person who would be entitled to a share of the estate of the testator if the testator had died intestate; or a parent or guardian of a minor mentioned in the will or who would be entitled to a share of the estate if the testator had died intestate; or a creditor or other person who has a claim at law or in equity against the estate; or a person who may apply for an order under section 41 . parent see section 61A . will includes— a purported will or revoked will; and a part of a will, purported will or revoked will.
- (a) allow an entitled person to inspect the will;
- (b) give an entitled person a certified copy of the will on payment of the person’s reasonable expenses of giving the certified copy.
- (a) allow an entitled person to inspect the copy;
- (b) give an entitled person a certified copy of the copy on payment of the person’s reasonable expenses of giving the certified copy.
- (a) of a will—means a copy of the will that has a statement on it, signed by the person giving the copy, that the copy is a true copy of the will; or
- (b) of a copy of a will—means a copy of the copy of the will that has a statement on it, signed by the person giving the copy, that the copy is a true copy of what it purports to be.
- (a) a person mentioned in the will, whether as beneficiary or not and whether named or not; or
- (b) a person mentioned in any earlier will of the testator as a beneficiary and whether named or not; or
- (c) a spouse, parent or issue of the testator; or
- (d) a person who would be entitled to a share of the estate of the testator if the testator had died intestate; or
- (e) a parent or guardian of a minor mentioned in the will or who would be entitled to a share of the estate if the testator had died intestate; or
- (f) a creditor or other person who has a claim at law or in equity against the estate; or
- (g) a person who may apply for an order under section 41 .
- (a) a purported will or revoked will; and
- (b) a part of a will, purported will or revoked will.