In NSW, the law provides that certain people are entitled to obtain a copy of the will on the death of the Testator. It allows particular categories of people the right to inspect and obtain a copy of the will in accordance with specific sections of the law. These sections are not applicable when the person who made the will (the 'testator') is still alive. Only once the testator has died, are these people entitled to obtain a copy of the will. These particular people include any:
- Person named or referred to in the will (whether as a beneficiary or not).
- Person named or referred to in an earlier will as a beneficiary.
- Surviving spouse, de facto partner, child, parent or guardian of the deceased person.
- Parent or guardian of a minor referred to in the will.
- Person who had been entitled to a share of the will of the deceased had died without a will.
- Person (including a creditor) who has or may have a claim at law or in equity against the estate of the deceased person.
- Person committed with the management of the deceased person's estate immediately before their death.
- Attorney under an enduring power of attorney made by the deceased person.
A person who has possession or control of the will must allow these people to inspect the will, at their own expense. These people are entitled to inspect any earlier will or a document purporting to be a will.
Succession Act 2006 (NSW), s 54