If you are a close family member of a deceased person, such as a spouse, de facto partner or child, then generally you may expect to be provided for in that person’s will. This does not always prove to be the case.

We are frequently asked to advise on the rights of persons who believe they are, or ought to be, beneficiaries. Those rights are generally:

• To be informed promptly of their entitlement under the deceased’s Will or if there is no will, of their entitlement on the deceased's intestacy.
• To have a copy of the deceased person’s Will (if they are named as a beneficiary) or if the person died intestate, confirmation there is no Will.
• To be informed of the date of likely distribution of the asset or proportion of the estate to which they are entitled.
• To be appraised of any reasons for delay in seeking or obtaining a Grant of Probate or Letters of Administration or delays in the administration or distribution of the estate.
• To be advised of the nature and particulars of any claim against the estate under the Succession Act 2006 (NSW) or otherwise, which affects or has the potential to affect their entitlement.
• To have the estate finalised within 12 or so months from the date of death (in the absence of any claims, proceedings or any other complicating factors)
• To receive their entitlement and a distribution statement (showing realisations and payments made on behalf of the estate) which properly accounts for that entitlement.

Many beneficiaries mistakenly assume that they should be invited to a “reading of the Will”. This is not a legal requirement however, some families do ask for and appreciate this.

Any person with the custody or possession of a Will of a deceased person must allow each beneficiary to inspect the Will or have a copy given to them on request. Others that may not be beneficiaries are also entitled to access to a Will, including people named in an earlier Will of that person, whether or not they are beneficiaries in the later Will, surviving spouses, de facto spouses, children, parents and some others in certain circumstances.

We can advise you in relation to your rights in relation to any estate and whether there is a claim for a provision or a larger provision in your favour under the Succession Act 2006 (NSW).

We can also assist in investigating any concerns you may have about the improper use of assets/funds of the deceased and transactions that may have been undertaken in the period shortly prior to the person’s death.

Contact us

For free initial telephone advice in relation to your rights under a Will, your rights on intestacy or what an adequate provision under the Succession Act might be for you in your circumstances, please call one of our Estate and Estate Litigation Lawyers on (02) 9525 8688.