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SUCCESSION ACT 1981 - SECT 33Z Persons entitled to inspect a will or to obtain a copy of a will

SUCCESSION ACT 1981 - SECT 33Z

Persons entitled to inspect a will or to obtain a copy of a will

33Z Persons entitled to inspect a will or to obtain a copy of a will

(1) A person who has possession or control of a will of a deceased testator must, if asked, do either or both of the following—
(a) allow an entitled person to inspect the will;
(b) give an entitled person a certified copy of the will on payment of the person’s reasonable expenses of giving the certified copy.
(2) If a will of a deceased testator has been lost, stolen or destroyed, a person who has possession or control of a copy of the will must, if asked, do either or both of the following—
(a) allow an entitled person to inspect the copy;
(b) give an entitled person a certified copy of the copy on payment of the person’s reasonable expenses of giving the certified copy.
(3) A person who has possession or control of a will, or a copy of a will, of a deceased person must produce it in court if the court requires it.
(4) In this section—


"certified copy"
(a) of a will—means a copy of the will that has a statement on it, signed by the person giving the copy, that the copy is a true copy of the will; or
(b) of a copy of a will—means a copy of the copy of the will that has a statement on it, signed by the person giving the copy, that the copy is a true copy of what it purports to be.

"entitled person" , in relation to a will, means—
(a) a person mentioned in the will, whether as beneficiary or not and whether named or not; or
(b) a person mentioned in any earlier will of the testator as a beneficiary and whether named or not; or
(c) a spouse, parent or issue of the testator; or
(d) a person who would be entitled to a share of the estate of the testator if the testator had died intestate; or
(e) a parent or guardian of a minor mentioned in the will or who would be entitled to a share of the estate if the testator had died intestate; or
(f) a creditor or other person who has a claim at law or in equity against the estate; or
(g) a person who may apply for an order under section 41 .

"parent" see section 61A .


"will" includes—
(a) a purported will or revoked will; and
(b) a part of a will, purported will or revoked will.