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.
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