In our practice at Swan Family Lawyers most of our clients ask us to hold their original signed Will in our Deed Box. We do not charge clients for this service and can provide clients with a hard and email copy. Some clients decide to take their original Will with them.
For clients who decide to take their original Will with them, I provide the following suggestions and warnings:
- Never attach anything to the original Will. This includes by paperclip. An indentation, even one that is difficult to depict, may cause the Probate Registry to require an explanation.
- Label the envelope in which the original Will is contained with something like:
- Keep your original Will somewhere secure, for example in your home safe.
- Tell your executors where your original Will is kept.
- If you decide to make a list of your assets to assist your executors, title the list, ‘This is not a Testamentary Document and constitutes my wishes only’. Keep it separate from the original Will. Lists are best avoided as they can give rise to arguments as to what is part of your Will.
- Ensure any copies of your Will are clearly marked, ‘Copy’ to ensure there is no confusion as to which is the original document and which is a copy.
- If you want to change your Will, revoke it or make a new one, you can do so but you should consult a solicitor to discuss the changes you want to make. NEVER add to or delete from an original Will once it has been signed. The results can be very expensive and result in your wishes not being followed.
If you have any queries in relation to the above, or about Wills and Estates generally, contact Swan Family Lawyers on 8227 1970 and we will be happy to assist you.