SUCCESSION ACT 1981 - SECT 32 Delivery of will or other instrument if testator has died

SUCCESSION ACT 1981 - SECT 32

32 Delivery of will or other instrument if testator has died

(1) This section applies if—

(a) a will or other instrument is held by the registrar under section 29 or 30 ; and

(b) the minor or other person without testamentary capacity has died.

(2) An executor named in the will, an executor by representation or a person entitled to apply for letters of administration with the will, may apply in writing to the registrar to be given the will or other instrument.

(3) On receiving the application, the registrar must give the will or other instrument to—

(a) the applicant; or

(b) any legal practitioner or trustee company nominated by the applicant; or

(c) the public trustee, if nominated by the applicant.

(4) If there is doubt about the person to whom the will or other instrument should be given, the registrar or anyone else may apply to the court for directions.

(5) The registrar must make an accurate copy of each will or other instrument given to a person under subsection (3) and hold the copy.

(6) In this section—


"trustee company" see the Trustee Companies Act 1968 , section 4 .