Who can view a Will?

30 April 2025 in Wills and Estates Law | 5 min read | skip to FAQs

This article discusses who can view another person’s will when the person who made the will is firstly alive and secondly after their death. We discuss the legal entitlements to inspect or be given the original, or a certified copy of a will, before the passing of the testator and after the passing of the testator. The testator is the person who has made the will.

Brander Smith McKnight Sydney Lawyers specialise in wills and estate planning matters. Our estate planning team is frequently asked by relatives of clients for access to their relative’s will. The answer to these requests is mostly dependent on whether the person is still alive or if they are deceased.

Who can view a will before the Testator dies

A will is a private document that stipulates the testator’s intentions. The will may specify the distribution of the testator’s estate, the beneficiaries, the executor or executors, the care of any minor children, establishment of any testamentary trusts and other details such as funeral directions. It is important to note that the will is not effective prior to the passing of the testator.

In essence a will is confidential prior to the passing of the testator. The duty of legal representatives to maintain confidentiality including confidential documents such as a will is included in rule 9 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW) (“Conduct Rules”).

However, some people may choose to share the will with relatives, beneficiaries or any other person included in the will. They can do this by providing copies of the will, instructing their lawyer to provide copies of the will or providing consent that relatives, beneficiaries or any other person may view their will.

Testators can personally share a copy of their will, or pursuant to rule 9.2.1 of the Conduct Rules, they can authorise their legal representatives to share a copy. It is important to note that only the person that wrote the will can provide this authorisation.

Any person, including the testator’s lawyer cannot provide a copy of the will to any other person unless the testator has provided consent. The fact that the testator also has an enduring power of attorney will not alter this rule, because the appointed attorney must always act in accordance with the person’s wishes when they had capacity.

In summary, Brander Smith McKnight lawyers are unable to provide a will to third parties including family members prior to the death of the person who made the will, (the testator), without authority from the testator.

Who can view a will after the Testator has died

In New South Wales, after the passing of a testator, the Succession Act 2006 (NSW) stipulates who can access the will. This Act generally governs wills, intestacy matters which involve a person passing without a will, and family provision orders which are applications for a share or a larger share in an estate.

Section 54(2) of the the Succession Act 2006 (NSW) sets out who can view a will or get a copy of a will after the passing of the Testator. This section prescribes the following classes of people access:

1. Any person named or referred to in the will, whether a beneficiary or not;
2. Any person named or referred to in an earlier will of the deceased person as a beneficiary;
3. Any surviving spouse, de facto partner or descendant of the deceased person;
4. Any parent or guardian of the deceased person;
5. Any person who would be entitled to a share of the deceased person’s estate if the deceased person had died intestate (without a will);
6. Any parent or guardian of a minor referred to in the will;
7. Any parent or guardian of a minor who would be entitled to a share of the deceased person’s estate if the deceased person had died intestate;
8. Any person, including creditors, who has or may have a claim against the estate of the deceased person;
9. Any person who is committed with management of the deceased person’s estate under the NSW Trustee and Guardian Act 2009 (NSW) immediately before the death of the deceased person; and
10. Any attorney appointed by an Enduring Power of Attorney made by the deceased person.

This provision of the Succession Act 2006 (NSW) ensures that anybody in the above classes can contest or challenge the will or make a claim against the estate, before probate is granted and the assets are distributed.

Pursuant to section 30 of the Probate and Administration Act 1898 (NSW), once the Supreme Court of New South Wales has granted probate, the will may be inspected under the control of the Court.

Key Takeaways

The term testator refers to the person who has made the will. If the person is alive, it is legally  impossible to view their will without the testator’s consent. In our experience, the majority of our estate planning clients choose to share their will with family members, beneficiaries or any other person included in the will.

In contrast, once a person is deceased a wide range of people are able to view the will, including a spouse, relatives, those named in the current or an earlier will, people who may have a claim against the estate or parents of minors named in the will.

How can BSM Sydney Lawyers assist you?

If your relative, friend or any other person has passed and you wish to view their will BSM can provide you with legal advice and assistance. We can expedite the process and advocate for you. Our wills and estate lawyers can also provide information if you are unsure of the next steps following the death of a relative, friend or any other person.

In addition, if you wish to ensure that your will remains confidential, we can advise you of the steps that you can take to ensure that whilst you are alive, the contents of your will are not distributed.

Our experienced and compassionate legal team will provide advice and assistance regarding access to wills, drafting probate applications and the distribution of estates. The experienced wills and estate lawyers at BSM Sydney Lawyers offer a free 20-minute consultation.

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BSM Lawyer Sydney has offices conveniently located in Sydney CBD, Sutherland, Parramatta, Shellharbour and Wollongong.