54Persons entitled to inspect will of deceased person

54 Persons entitled to inspect will of deceased person

54 Persons entitled to inspect will of deceased person

(1) In this section—

will includes a revoked will, a document purporting to be a will, a part of a will and a copy of a will.

(2) A person who has possession or control of a will of a deceased person must allow any one or more of the following persons to inspect or be given copies of the will (at their own expense)—

(a) any person named or referred to in the will, whether as a beneficiary or not,

(b) any person named or referred to in an earlier will as a beneficiary of the deceased person,

(c) the surviving spouse, de facto partner or issue of the deceased person,

(d) a parent or guardian of the deceased person,

(e) any person who would be entitled to a share of the estate of the deceased person if the deceased person had died intestate,

(f) any parent or guardian of a minor referred to in the will or who would be entitled to a share of the estate of the testator if the testator had died intestate,

(g) any person (including a creditor) who has or may have a claim at law or in equity against the estate of the deceased person,

(h) any person committed with the management of the deceased person’s estate under the NSW Trustee and Guardian Act 2009 immediately before the death of the deceased person,

(i) any attorney under an enduring power of attorney made by the deceased person,

(j) any person belonging to a class of persons prescribed by the regulations.

Note—

“De facto partner” is defined in section 21C of the Interpretation Act 1987.

(3) A person who has possession or control of a will of a deceased person must produce it in a court if the court requires the person to do so.

s 54: Am 2007 No 82, Sch 1.23 [14]; 2009 No 49, Sch 2.57 [2]; 2010 No 19, Sch 3.105 [2]; 2018 No 28, Sch 1.36 [1].