Div 6Deposit of and access to wills

Division 6—Deposit of and access to wills 45—Will may be deposited with Registrar (1) A person may deposit a will with the Registrar. (2) The deposit of a will under this section must be done in accordance with the rules. 46—Delivery of wills by Registrar (1) If a will has been deposited with the Registrar under this Act, the testator may at any time apply in writing to the Registrar to be given the will or to have the will given to another person authorised by the testator in writing to receive it. (2) On receiving the application, the Registrar must give the will to the testator or the person authorised by the testator unless the testator is a minor or a person who lacks testamentary capacity. (3) If a will has been deposited with the Registrar under this Act and the testator has died, any executor named in the will or any person entitled to apply for letters of administration with the will annexed may apply to the Registrar to be given the will. (4) On receiving the application referred to in subsection (3), the Registrar must give the will to the executor or other person or to an Australian legal practitioner or trustee company nominated by the executor or person. (5) The Registrar may examine any will to enable the Registrar to comply with this Part. (6) The Registrar must ensure that an accurate copy of every will given to a person under this section is made and retained by the Registrar. (7) If there is any doubt as to whom a will should be given, the Registrar, or any other person, may apply to the Court for directions as to whom the Registrar should give the will. 47—Failure to retain does not affect validity of will Any failure of the Registrar to retain a will as required by this Act does not affect the validity of the will. 48—Persons entitled to inspect will of deceased person (1) A person who has possession or control of a will of a deceased person must allow any 1 or more of the following persons to inspect or be given copies of the will (or both) (at their own expense): (a) a person named or referred to in the will (whether as a beneficiary or not); (b) a person named or referred to in an earlier will as a beneficiary of the deceased person; (c) the surviving spouse, domestic partner or child or stepchild of the deceased person; (d) a former spouse or domestic partner of the deceased; (e) a parent or guardian of the deceased person; (f) a person who would be entitled to a share of the estate of the deceased person if the deceased person had died intestate; (g) a 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; (h) a person committed with the management of the deceased person's estate under the Guardianship and Administration Act 1993 immediately before the death of the deceased person. (2) 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. (3) The Court may, on application by a person (including a creditor) who has or may have a claim at law or in equity against the estate of a deceased person, make an order requiring a person who has possession or control of a will of the deceased person to allow the applicant to inspect the will. (4) The Court must, before making an order under subsection (3), be satisfied that— (a) the applicant has a proper interest in the matter; and (b) inspection of the will by the applicant is appropriate in the circumstances. (5) 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.