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Offence to conceal a Will

What happens if a person hides a Will to defraud a beneficiary.

A person who conceals or retains a Will, or part of a Will, with the intention of defrauding someone with an interest in that Will is guilty of an indictable offence.

The offender is also liable for damages if person who is defrauded brings an action for damages.

A person can also be found guilty of an indictable offence if they are in any way involved in concealing a Will.

See ss. 323-324C—Crimes Act 1958 (Vic).

Penalty

The penalty is 100 penalty units and/or maximum 2 years in prison.

See s. 66—Administration and Probate Act 1958 (Vic).

More information

Legislation

Administration and Probate Act 1958 (Vic)

  • s. 66—sets maximum penalty and potential for liability to pay damages to any person who sustained a loss because of the retention/concealment

See Administration and Probate Act 1958 (Vic).

Crimes Act 1958 (Vic)

  • s. 323—interpretation
  • s. 324—person involved in the offence is taken to have committed the offence
  • s. 324A—other offenders need not be prosecuted or found guilty
  • s. 324B—offender's role need not be determined
  • s. 324C—abolition of certain aspects of complicity at common law

See Crimes Act 1958 (Vic).

Updated