One of the most common queries we receive at Maddens Lawyers is: "How do I get a copy of the Will?"

It is a question often asked at a time of grief and uncertainty. Family members, beneficiaries and loved ones understandably want clarity about the deceased’s wishes and how their estate will be managed. In Victoria, there are specific legal rules that govern who is entitled to see a Will, where it may be held, and how to obtain a copy.

This article explains the process of obtaining a copy of a Will in Victoria, including your legal rights, practical steps to take, and what to do if you encounter difficulties.

What is a Will and what happens after death?

A Will is a legal document that sets out how a person wants their assets distributed after death. It usually appoints an executor, who is responsible for administering the estate in accordance with the Will and Victorian law.

In many cases, the executor must apply to the Supreme Court of Victoria for a Grant of Probate. Probate confirms that the Will is valid and gives the executor authority to deal with the estate. While not every estate requires probate, it is commonly needed where real estate or significant assets are involved.

Once probate has been granted, the Will generally becomes a public document, meaning it can be accessed through court records. You can search online via the Supreme Court of Victoria’s Probate Office Records.

Who is entitled to see a copy of a Will in Victoria?

Whether you can obtain a copy of a Will depends on your relationship to the deceased. In Victoria, this is governed by section 50 of the Wills Act 1997 (Vic).

You are legally entitled to inspect or receive a copy of a Will if you are:

• A beneficiary named in the Will
• An executor appointed under the Will
• A person named as a beneficiary in an earlier Will
• The deceased’s spouse or domestic partner
• A child of the deceased (including adult children)
• A parent or guardian of the deceased
• A person who would be entitled to the estate if there were no Will
• A parent or guardian of a minor with an interest in the estate
• A creditor or person with a legal claim against the estate

If you fall within one of these categories, you generally have a right to see the Will — even if probate has not yet been granted.

Where is a Will usually kept?

There is no central Will register in Victoria. A Will may be held in a number of places, including:

• With the executor
• With the law firm that prepared the Will
• Among the deceased’s personal documents
• Filed with the Supreme Court of Victoria as part of a probate application
• Transferred to the Public Record Office Victoria (for older estates)

Identifying where the Will is located is often the first and most important step.

How to get a copy of the Will after death

Step 1: Obtain the death certificate
Before a Will can be released, proof of death is usually required. This is typically a death certificate issued by Births, Deaths and Marriages Victoria.

Step 2: Identify the executor or solicitor
If you know who the executor is, or which law firm prepared the Will, this is often the quickest way to obtain a copy. Executors and solicitors commonly receive requests shortly after a death — something we regularly assist clients with at Maddens Lawyers.

Step 3: Make a formal request for the Will
If you are entitled under the Wills Act, you can make a written request for a copy of the Will. Your request should include:

• Your relationship to the deceased
• The basis of your entitlement
• Confirmation that the request is made under section 50 of the Wills Act 1997 (Vic)

In many cases, a copy is provided without issue.

Searching for a Will through the Supreme Court of Victoria

If probate has been applied for or granted, the Will should be held by the Supreme Court of Victoria.

Once probate is granted:

• The Will becomes part of the public record
• Probate records can be searched using the deceased’s name
• Copies of the Will can be obtained for a prescribed fee

This option is often used when the executor is unresponsive or where there is uncertainty about who holds the Will. In Victoria, you can search for a Will online here

Obtaining older Wills from the Public Record Office Victoria

For older estates, probate files are transferred to the Public Record Office Victoria (PROV). Many of these records are digitised and can be searched online, while others can be accessed in person at the Victorian Archives Centre. This is particularly useful in historical estate matters or where probate was granted many years ago.

What if you are refused a copy of the Will?

It is not uncommon for people to seek advice after being refused a copy of a Will or experiencing delays. If this occurs, your options may include:

• Sending a formal written request citing your legal entitlement
• Obtaining legal advice to clarify your rights
• Applying to the Supreme Court of Victoria for an order requiring the Will to be produced

Executors have legal duties, and unjustified refusal to provide a Will to an entitled person may breach those duties.

Seek legal advice early

If informal requests do not resolve the issue, obtaining advice from an experienced Wills and Estates Lawyer such as Maddens Lawyers, is often the most effective next step.

Early advice can help:

• Confirm your entitlement to the Will
• Avoid unnecessary delays
• Prevent disputes from escalating
• Ensure estates are administered lawfully and efficiently

If you believe you are entitled to see a Will, it is important to act promptly and seek advice early to protect your position. Maddens Lawyers can write a formal letter of demand on your behalf and advise whether court intervention is appropriate.

Maddens Lawyers is one of Victoria’s most experienced law firms in Will disputes. For advice you can trust, contact us on 1800 815 228 or complete our online claim form to find out where you stand.