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Tasmania

Missing or lost original will – can a copy be used?

copy of a will, lost will, missing will, will not found, probate application, coat of arms Parkes Courthouse, early Australian courthouses, old Australian courthouses, Colonial Australian courthouses

Probate applications require production of the original will. But what if the original can’t be found? In certain circumstances a Court will recognise a lost will and admit a copy of it to probate.

Renouncing or resigning from executorship and probate – when an executor does not wish to act

renouncing probate, right of probate, right to renounce, renouncing executorship, executor, There is no requirement that an executor must accept the executorship role, even if it was agreed to do so. But relinquishing executorship should be done as soon as practical if you don’t wish to act and have not dealt with the estate. You can resign your appointment as executor by renouncing your right to probate of the deceased’s will, that is you renounce probate.

Who can see the will of a deceased person & can you obtain a copy?

wills, probate, deceased estate, copy of someone's will, To see the contents of a deceased person’s will can be difficult if you are not the executor.  But in some states if you know who has the will, a copy, or other testamentary document, the law requires them to allow people who are entitled to have access, to inspect or see the will; and have a copy of it. Copying is at their own expense, but costs must be reasonable.