Mum died in March. Your brother is the executor. When you asked what was in the estate he said “it’s being sorted”. It’s now September, the house is on the market, and you have no idea whether you’re in the will, out of it, or being managed.
Executors have no general right to keep a will secret from the deceased’s family. Most states give named categories of people a statutory right to inspect and copy the will, and in every state a will becomes a public document once probate is granted. If you may make a claim on the estate, use a Contest a Will Notice, which asks for the will and for an undertaking not to distribute; a Letter to an Executor is for getting a copy of the will and information about the estate.
Your rights
There are three layers. First, the statutory right to a copy, which in most states extends to anyone named in the will or an earlier will, the spouse, de facto, children and parents of the deceased, anyone who would inherit on intestacy, and anyone with a possible family provision claim. Second, the probate record: once probate is granted the will is filed with the Supreme Court and anyone can obtain a copy from the registry. Third, an eligible person’s right to information about the estate, and the executor’s exposure if they distribute with notice of a claim.
By state
- New South Wales. Succession Act 2006, s 54: a person who has possession or control of a will must allow inspection and give a copy (at the requester’s cost) to a wide list including anyone named in it or a prior will, the spouse, de facto, children, parents and guardians, anyone entitled on intestacy, and anyone with a potential family provision claim. Family provision deadline: 12 months from death.
- Victoria. Wills Act 1997, s 50: the same broad list is entitled to inspect and take copies. Family provision deadline: 6 months from the grant of probate.
- Queensland. Succession Act 1981, s 33Z: a person in possession of a will must allow inspection and copying by a similar list, including anyone entitled on intestacy and anyone who may have a claim. Family provision: notice within 6 months of death, application within 9 months.
- Western Australia. No general statutory right before probate; ask the executor and, if refused, obtain the will from the Supreme Court probate registry once probate is granted. Family provision deadline: 6 months from the grant.
- South Australia. Succession Act 2023, s 48(1): since 1 January 2025, entitled persons have a right to view the will. After the grant it is also available from the Supreme Court probate registry. Family provision deadline: 6 months from the grant.
- Tasmania. Wills Act 2008 gives named categories of persons a right to inspect and copy the will. Family provision deadline: 3 months from the grant.
- Australian Capital Territory. Administration and Probate Act 1929, s 126: an entitled person may inspect the will of a deceased person on written request. Family provision deadline: 6 months from the grant.
- Northern Territory. Wills Act 2000, s 54(2): the person holding the will must allow entitled persons to inspect and copy it. After the grant it is also available from the Supreme Court probate registry. Family provision deadline: 12 months from the grant.
The Claim Done document asks your state first and drafts the request to that state’s inspection right (or the probate-registry route) and family provision deadline.
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Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who is this about?
2. How much is at stake?
3. Do you have it in writing?
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What to do right now
- Check the probate registry. Every state Supreme Court has an online probate search. If probate has been granted, the will is public and you can order a copy for a small fee without asking the executor at all.
- Ask in writing, citing the section. A letter to the executor and the estate solicitor that identifies your category (child, spouse, named beneficiary, potential claimant), cites the inspection right for your state, and asks for a copy within 14 days. Solicitors comply with these because the obligation is theirs too.
- Ask for the estate inventory at the same time. Assets, liabilities, super death benefit nominations, jointly held property. You can’t assess a claim without it.
- If you may make a claim, ask for an undertaking not to distribute. Anyone who may make a claim on the estate should use the Contest a Will Notice, which asks for written confirmation that no distribution will occur while the claim is resolved. The Letter to an Executor is for getting a copy of the will and information about the estate.
- Diarise the family provision deadline. Getting the will doesn’t extend it. Note the date of death and watch the probate register for the grant.
When the executor is also the main beneficiary
The most common version of this problem is the executor who inherits most of the estate and treats the two roles as one. They aren’t. An executor holds the estate on trust for all beneficiaries and, until claims are resolved, for potential claimants; they must account, must not prefer themselves, and must not sell or transfer estate assets to themselves without proper valuation. If an executor refuses to produce the will, refuses to account, or starts distributing after receiving your notice, the Supreme Court can order production, require accounts, restrain distribution, and in serious cases remove them. A dated letter that they ignored is the first exhibit in that application.
Who to complain to
The Supreme Court of your state for orders compelling production of the will, accounts, or restraining distribution. The Legal Services Commissioner or Law Society in your state if a solicitor is refusing a statutory inspection request. The Public Trustee where it is the executor.
Get the will and ask for an undertaking not to distribute — $49
Stop reading. Start doing. Claim Done drafts a Notice of Intended Family Provision Claim and Will Request for your state that identifies your entitlement to inspect the will, requests a copy and a full estate inventory within 14 days, seeks an undertaking not to distribute, and records the statutory deadline for your claim.
Request the Will and an Undertaking Not to Distribute — $49 →
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What happens when you put it in writing — properly
Same problem. What a prepared case looks like.