be a deadline for the executor’s response. Reasonableness is judged by reference to the stage of the administration. In the first month after death, the executor may still be locating the original Will, obtaining death certificates, and taking initial advice. A delay of several weeks at that stage is generally reasonable. A delay extending into months without communication is not.

Can an executor refuse to give a copy of the Will?

An executor is not entitled to refuse a request made by a person within the section 54 categories. The obligation is statutory and falls on whoever holds the Will, whether that is the executor personally or a solicitor in safe custody on the executor’s behalf.

A period of verification is not a refusal. Executors are entitled to confirm a requesting person’s identity and to satisfy themselves that the section 54 basis is genuine before releasing the document. A delay of around a fortnight for that purpose is generally acceptable. A delay that extends substantially beyond that, without communication, places the executor in breach of the statutory obligation.

The relevant mechanism is section 54(3). It empowers the Supreme Court of NSW to order whoever holds the Will to produce it. Applications under the subsection are uncommon in practice because the prospect of one is usually sufficient to resolve the deadlock.

What if the executor ignores my request for the Will?

A second written request is the appropriate next step. The follow-up should reference section 54, restate the basis of entitlement, and specify a date for response. Fourteen days is a reasonable period for the executor to have already been chased once. Twenty-eight days is appropriate where the original request is recent, and there is no particular urgency.

If silence continues, a solicitor’s letter is the next escalation. Most matters resolve at that point.

The Supreme Court of NSW retains jurisdiction under section 54(3) to order production of the Will. That route is available, but is generally a last step. Court applications are public, they create a record, and they may prejudice the relationship with the executor in ways that disadvantage a later family provision claim or validity challenge. Legal advice should be obtained before any application of that kind is filed.

How do you obtain a copy of a Will after probate is granted in NSW?

Once the Supreme Court of NSW has granted probate, the Probate and Administration Act 1898 treats the Will as a public record. Any person may then apply to the Court for a copy on payment of the prescribed fee.

The Court’s current probate fees, set on 1 July 2025, are:

• $76 for a scanned or photocopy of a Will
• $76 for a sealed and certified e-grant exemplification
• $177 for a sealed and certified copy with file retrieval
• $76 per file for a search of pre-1986 grants

Probate records from 1990 to date are held at the Supreme Court of NSW Registry. Earlier records, dating from 1800 onwards, are held by Museums of History NSW under the State Archives Collection and are accessed by separate request.

For most applicants, contacting the executor or their solicitor is faster and less costly than applying to the Court. The Court route is appropriate where direct contact has not produced a response, or where the requesting person falls outside the section 54 categories and is relying on the post-probate public access regime.

How can you find out if someone has left a Will in NSW?

There is no central register of Wills in NSW. Several enquiries are generally worth making.

The deceased’s immediate family is the appropriate starting point. Spouses and adult children usually know whether a Will was made, even where they have not seen it.

A long-standing solicitor is the next enquiry. Many Will-makers leave the original in safe custody at the firm that drafted it, particularly where the same lawyer has handled conveyancing or commercial work over a period of years. A direct enquiry will produce confirmation.

The NSW Trustee and Guardian operates a secure storage service known as Will Safe. Wills, powers of attorney, and enduring guardianship documents are held there. A Deceased Will Enquiry can be made through the online enquiry form on the NSW Trustee and Guardian website to confirm whether they hold a Will for the deceased.

The NSW Online Registry retains probate notices published from 21 January 2013 onwards. A free surname search will return any Notice of Intended Application for Probate or Letters of Administration. A probate notice indicates that a Will exists. A Letters of Administration notice indicates that the deceased is believed to have died intestate.

The deceased’s personal storage is also worth checking. Many Will-makers retain the original at home with title deeds, passports, and other personal papers, or in a private safe or bank deposit box.

Where these enquiries do not produce an answer, a solicitor experienced in estate matters can conduct the searches in a structured manner.

Where are the original Wills kept in NSW?

Four locations account for most cases: the law firm that drafted the Will, the NSW Trustee and Guardian under Will Safe, the Will-maker’s home, or a private safe or bank deposit box.

Where more than one Will is located, the most recent valid Will revokes the earlier ones. Dates and execution clauses are decisive. Where the documents are inconsistent, or any of them displays irregularity, the question of which Will operates should be referred to a solicitor before any step is taken to administer the estate.

Is a Will a public document in NSW?

Only once probate has been granted. During the Will-maker’s lifetime, and in the period between death and the grant, the Will is a private document. Access in that period is governed by section 54.

Some estates do not require probate. Where assets are modest enough that banks and other institutions will release them without a grant, the Will is not lodged with the Court and does not become a public document. Section 54 remains the operative basis for access in those estates.

Who can see the inventory of property in probate in NSW?

Access to the inventory is more tightly controlled than access to the Will. After probate is granted, the Will itself is a public document, but the inventory of property filed with the application is not.

For Supreme Court of NSW records from 1977 onwards, access to the inventory is restricted to three categories of applicant:

• executors and administrators
• residuary beneficiaries
• applicants who have commenced contested family provision proceedings, on production of the case number

Specific-gift beneficiaries are not entitled to access the inventory. Creditors and potential claimants who have not commenced proceedings are also outside the access category. An institution holding an estate asset is entitled to verify with the Court that the asset was disclosed in the inventory before releasing it. That mechanism allows verification of disclosure but does not confer access to the inventory itself.

The restriction creates a strategic issue in family provision matters. A potential claimant frequently requires knowledge of the gross value of the estate before deciding whether to commence proceedings. The only means of compelling disclosure of the inventory is to file. Filing and subsequently discontinuing once the inventory has been read may carry costs and consequences. The sequence in which steps are taken materially affects the cost outcome, and this is one of the issues that benefits from early legal advice.

Beneficiaries are also entitled to apply for an exemplification of the grant once probate has been made. The exemplification is a sealed, court-authorised copy of the grant with the Will annexed. The inventory is attached only where the applicant is a residuary beneficiary.

Why do people want a copy of a deceased’s Will?

The reasons fall into a small number of recurring categories.

Many requests are made by people seeking to understand the provisions of the estate and the identity of the beneficiaries. Others arise from consideration of a family provision claim under Chapter 3 of the Succession Act 2006 (NSW), which requires the claimant to read the actual gifts before assessing the adequacy of provision. Validity challenges are a further driver. Where concerns exist as to testamentary capacity, undue influence, or due execution, the Will itself is the necessary starting point for advice. In families where the deceased prepared more than one Will over time, the threshold question is which document constitutes the last Will.

Section 54 is drawn deliberately broadly, but it is not unlimited. The categories require a genuine basis of entitlement. A person with no claim against the estate and no other statutory basis is not entitled to access.

When should you seek legal advice?

Legal advice is appropriate where an executor has refused to provide the Will, or has not responded to a written request within a reasonable period. A solicitor’s letter is often effective where direct correspondence has not produced a response.

Advice is also appropriate where the latest document is unlikely to be the genuine last Will, or where the circumstances of execution raise concerns as to capacity or undue influence. Family provision claims and validity challenges both benefit from early advice, before any formal step is taken, because the order in which steps are taken affects both the cost and the prospects of the matter.

Time limits are the practical reason urgency matters. A family provision claim in NSW must generally be filed within twelve months of the date of death. Extensions are available in limited circumstances, but the threshold is demanding, and delay in obtaining the Will reduces the period available for advice to be taken and decisions made.

Speak with a Sydney wills and estates lawyer

If you have been refused access to a Will, or are uncertain whether section 54 entitles you to a copy, Hillcrest Family Legal can advise on the next step. Our wills and estates team acts on access disputes, family provision claims, and contested probate matters across Sydney and NSW.

Book a confidential consultation to speak with one of our solicitors.

This article is general information only and is not legal advice. Readers should consult a qualified NSW lawyer for advice on their specific circumstances.

Frequently asked questions

Can a person contesting the Will get a copy?

A person with a present or prospective claim against the estate is entitled to request the Will under section 54. The category captures family provision claimants and persons challenging the validity of the document. The entitlement does not depend on the claim having been filed; it is enough that the claim is in genuine contemplation.

How do I request a copy of a Will from an executor?

The request should be made in writing to the executor or to the solicitor with carriage of the estate. Include the deceased’s full name and date of death. Set out the basis of entitlement under section 54. Confirm whether the request is for inspection of the original Will or for a copy to be provided. An offer to meet reasonable copying costs is appropriate. If no response is received, the request should be repeated in writing.

What if the executor ignores my request?

The next step is a follow-up letter that references section 54 and fixes a date for response. Where silence continues, a solicitor’s letter is generally effective. The Supreme Court of NSW retains jurisdiction under section 54(3) to compel production of the Will, but that route is reserved for matters in which the earlier steps have been exhausted. Legal advice should be taken before any application is filed.

Can an executor of a Will also be a beneficiary?

That arrangement is common and entirely permissible. A spouse or adult child is frequently appointed as executor and also takes the principal interest under the Will. The dual role does not, of itself, constitute a conflict. The executor remains bound to administer the estate according to the terms of the Will, including any provision made for the executor personally.

Is a Will read formally after the funeral?

There is no formal reading of the Will in NSW. The executor notifies each beneficiary of their entitlement during the administration of the estate, generally through the solicitor with carriage of the matter.