At Solomon Hollett Lawyers, one of the most common questions we receive after someone passes away is: “How do I get a copy of the Will?” Whether you’re trying to understand your entitlements or simply want to know what your loved one’s testamentary wishes are, knowing how to access the Will is an important first step. This blog outlines how to do so both before and after probate in Western Australia.
Finding a Will – for Executors
Before probate is granted, the original Will may be held:
- By the deceased (often stored securely at home);
- With the solicitor who prepared it;
- With the Deceased’s accountant; or
- In safe custody with a bank.
If you believe you are an executor, it’s important to search the deceased’s personal papers thoroughly, at home, in their office, or anywhere they may have stored important documents. You should also contact their solicitor, accountant and banking institutions.
Accessing a Will Before Probate – for Beneficiaries
If you are a beneficiary or suspect you may be one, your first step should be to ask the executor for a copy of the Will.
What If the Executor Refuses?
In the case of Chapman v Garrigan [2017] WASC 336, the Supreme Court of Western Australia clarified that while there’s no statutory obligation in Western Australia for an executor to provide a copy of the Will before probate, a commonsense approach should prevail. Master Sanderson noted it would be difficult to imagine a situation where someone with a potential interest in the estate should be denied a copy of the Will.
If your request to see the Will is declined by the executor, we recommend seeking legal advice. Our team can assess your interest in the estate and, if appropriate, communicate with the executor on your behalf.
Accessing a Will After Probate
Once probate is granted, the Will becomes a public document.
Under Rule 43A of the Non-Contentious Probate Rules 1967 (WA), anyone can request a copy Of:
- The proved Will or codicil;
- The grant of probate or administration; or
- An order to administer.
You can apply through the WA Supreme Court Probate Registry and pay the prescribed fee.
Accessing Other Probate Documents
Access to additional documents, such as the probate application or the estate’s statement of assets and liabilities, is not automatic. You’ll need to seek leave of the Registrar to obtain these materials. This approach helps balance transparency with the protection of sensitive financial information.
Need Help?
If you’re unsure of your rights or need assistance accessing a Will, reach out to Solomon Hollett Lawyers for help to guide you through the process and ensure your interests are protected.
