Do I need to give my Executor and Beneficiaries a copy of my Will?

We're often asked whether a person needs to hand out copies of their Will once it's signed, whether that's to the executor they've appointed, or to the family members named as beneficiaries. The short answer is no, but there are some practical steps worth taking so your estate can be administered smoothly when the time comes.

Do You Have to Show Anyone Your Will While You're Alive?

No. A Will is a private document, and you are under no legal obligation to disclose its contents, or even its existence, to anyone while you are alive. You're also free to change or revoke it at any time, so there's no requirement to keep anyone updated on what it says. Many people prefer to keep the contents confidential, particularly where family circumstances are sensitive or the distribution isn't equal, and that's entirely your right.

Should You Tell Your Executor They've Been Appointed?

While it isn't required, it's generally a good idea. An executor doesn't need to know what's in the Will, but it helps if they know they've been appointed and, more importantly, where the original Will is kept. If nobody knows a Will exists, or where to find it, this can cause real delays and expense after death.

What Happens After You Pass Away?

Once you've passed away, the position changes. Your executor will need the original Will to apply for a Grant of Probate through the Supreme Court of Victoria, so it needs to be located promptly. This is one of the main reasons it's worth telling your executor, or your solicitor, where the document is stored.

Who Is Entitled to a Copy of the Will After Death?

After death, certain people are generally entitled to see a copy of the Will, even if they aren't a beneficiary under it. This typically includes beneficiaries named in the current Will, beneficiaries under an earlier Will, the deceased's spouse, children and parents, and anyone who would inherit if the deceased had died without a Will. Executors holding the Will should take care to identify who falls into this category before releasing copies more broadly.

Where Should You Keep Your Will?

You're free to keep the original Will yourself, but it should be somewhere safe and easy for your executor to locate, rather than in a drawer at home where it could be lost or overlooked. For that reason, storage options such as the Supreme Court of Victoria and the State Trustees Free Will Storage Service are often the best options, alongside keeping it with your solicitor in safe custody. Whichever option you choose, it's worth letting your executor know where it's held, even if they never see the document itself.

Need Advice About Your Will or Estate Plan?

Whether you're preparing a new Will, wondering what to tell your executor, or dealing with an estate where the Will can't be located, it helps to get this right from the outset.

At Kenney Legal, we prepare and store Wills for clients throughout Victoria and regularly advise executors and beneficiaries on their rights and obligations. We'd be happy to discuss your circumstances.

Please note, this article is general in nature and does not take into account your personal situation or circumstances. For further information please contact Kenney Legal at info@kenneylegal.com.au or contact us via our social media networks.