What is the rule about who is entitled to inspect and have a copy of the will of a deceased person?

See s.33Z of the Succession Act 1981.

The Queensland Law Society believes that if you hold a will of a deceased person (or a copy in certain circumstances) you must comply with the terms of s.33Z, even if the personal representative instructs you to do otherwise. You should only comply with an instruction to forward the will to the personal representative after complying with any request from a person entitled under this rule, or a requirement of the court, as the case may be. Your first duty is to the law.You can only follow instructions so far as they are within the law. You cannot assist a client (or the personal representative if he or she is not your client) to frustrate the obligations of the law.

As for geographical jurisdiction, the critical issue is the location of the will or copy will in Queensland. If the will or copy will is held by a solicitor in Queensland then the obligations apply, irrespective of where the personal representatives or the estate are located.

By s.76(8) of the Succession Act, s.33Z applies to a will regardless of when the testator died.

Remember that you cannot assert a lien for unpaid costs over an original will - see Can I assert a lien over an original will?

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