Leaving behind a last Will and Testament expressing your wishes is vitally important. A current Will provides you and your family with peace of mind.
But where are you meant to keep your Will?
If you leave it where your executor can’t find it, you may as well not have prepared a Will at all, and that comes with all sorts of complications.
Here’s a few do’s and don’ts of Will storage:
DO:
- Tell your executor where your Will is. It’s essential to make sure that your executors know where it is and how to get it.
- Be aware of the risks of storing your Will at home. It could be damaged in a natural disaster, or it could simply be too hard to find, particularly if you are not a naturally organised person.
- Find a secure place for one or more copies of your Will. You may want to keep it at home in a fireproof filing cabinet or have a trusted friend or family member do the same at their home.
DON’T:
- Don’t keep your original Will in a bank safety deposit box. When someone dies, the bank can’t open the deposit box until the executor gets probate (permission from the court to administer your affairs) – and probate can’t be granted without the Will. Always make sure that your Will can be accessed without probate. The same goes for Powers of Attorney documents.
- Don’t attach other documents to the Will with staples, paperclips, or anything else. They leave a mark on the Will, which could raise questions about missing amendments.
Australia does not have a central Wills register and there is no legal requirement to register a Will. However, some states and territories do offer a registry service where people can lodge their Will.
For example, in New South Wales, the state Trustee and Guardian has a Will Safe Repository that can be used for a fee. And in Queensland, the office of the Public Trustee can store your Will for free.
However, here at GLG Legal Springfield, we are the experts when it comes to Wills, Estates, and Succession Planning and it’s important you get the right advice for your family’s peace of mind.
As part of our service, we will keep your Will in safe custody at no extra cost to you. You can access your documents any time you wish, and sleep soundly knowing they’re taken care of and secure.
Contact our office on (07) 3288 3511 today to make an appointment.