Will Disputes in New South Wales

1. Is a minor (under the age of 18) allowed to make a will?

Section 5 of the Succession Act 2006 (NSW) provides:

  • A will made by a minor is not valid.
  • Despite subsection (1):
    • a minor may make a will in contemplation of marriage (and may alter or revoke such a will) but the will is of no effect if the marriage contemplated does not take place, and
    • a minor who is married may make, alter or revoke a will, and
    • a minor who has been married may revoke the whole or any part of a will made while the minor was married or in contemplation of that marriage.

2. How do I attain a copy of the grant of Probate or a copy of the Deceased’s will?

By filing an Application for Certificate of Grant (Exemplification) with the Supreme Court of New South Wales.

3. How much does a copy cost?

  • Exemplification (will only OR will and inventory of property) – $54.00
  • Search Fee to ascertain file number for estates prior to 1989 – $54.00
  • Retrieval fee for files stored offsite ( all files other than current year) – $12.30

4. Who can apply?

  • A copy of the will / grant of probate / letters of administration is available to any applicant.
  • A copy of the will / grant of probate / letters of administration including the inventory of property is only available to executors and beneficiaries.
Contact Us

Feel free to contact us using the form below and we will get back to you as soon as possible.

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Please Note: We will obtain more information from you by telephone.