Creating a valid Will is one of the most important steps you can take to ensure your assets are distributed according to your wishes when you pass away. But the process doesn't end with signing the document. Equally important is ensuring your original Will is securely stored. Unfortunately, many people keep their Wills at home, unaware of the serious legal and practical risks this presents. In this article, we explain why it's strongly recommended to store your original Will with your lawyer and the potential consequences of storing it at home or in an unsecured location.
The Legal Importance of the Original Will
When a person dies, the executor of their estate is usually required to apply for a Grant of Probate—a legal document issued by the Supreme Court that confirms the Will's validity and the executor's authority to administer the estate. To obtain probate in Western Australia, the original Will must be filed with the application.
Without the original document, the process becomes significantly more complex. If only a copy of the Will is available, the executor must convince the Court to accept it and prove that the original was not revoked or intentionally destroyed. This process can delay the administration of the estate, increase legal costs, and create unnecessary stress for the deceased's loved ones.
Risks of Keeping Your Will at Home
While keeping your Will in a drawer or filing cabinet at home may seem convenient, it is fraught with risks:
1. Loss or Misplacement
Documents stored at home can easily be misplaced, thrown out during a move, or forgotten. In many cases, surviving family members may not even be aware of the Will's location—or that one exists at all.
2. Fire, Water, and Environmental Damage
Wills are often stored in envelopes or folders that offer little protection. Fire, flooding, or even pests can destroy or damage the original beyond repair. The Supreme Court will not accept a damaged Will if the contents are unreadable or appear altered.
3. Tampering or Theft
Storing a Will at home exposes it to potential interference. In contentious family situations, there is a risk that someone with access could destroy or tamper with the document. If the original cannot be found and the last known copy is favourable to one party, disputes may arise.
4. Delays in Estate Administration
If the Will cannot be found or is damaged, it can delay the process of obtaining probate. In turn, beneficiaries may have to wait much longer for the estate to be distributed. This can create hardship, especially if the estate includes urgent financial matters such as mortgages or business operations.
Benefits of Storing Your Will with Your Lawyer
Storing your Will with your lawyer significantly reduces the risks outlined above. Here's why:
1. Security and Protection
Law firms typically offer safe custody services, which means your Will is stored securely in a tamper-proof location.
2. Ease of Retrieval
Your lawyer will know exactly where the Will is located when it's needed. Executors can quickly access it through the firm when the time comes, streamlining the probate process and avoiding unnecessary delays.
3. Proof of Integrity
Wills stored with a legal professional are less likely to be questioned or challenged in court. There's a clear record of when it was signed, where it was stored, and that it remained untouched. This reduces the likelihood of disputes among beneficiaries.
4. Free Executor Appointment and Guidance
At Fort Knox Legal, we offer a free appointment with your appointed executors in the event of your death. During this meeting, we explain the contents of the Will, outline the executor's duties, and provide practical guidance on what to do next. This ensures your executors are confident and informed from the outset.
5. Free 5-Year Will Review Reminders
Our firm also sends out free Will review reminders every five years, so you're prompted to ensure your Will still reflects your wishes and current life circumstances. This ongoing service provides peace of mind that your estate planning stays up to date.
Conclusion
The decision to store your Will at home might seem harmless—but in reality, it exposes your estate to significant legal and financial risks. Losing or damaging the original can undermine your carefully planned wishes and create unnecessary stress for your loved ones.
By storing your Will with us, you ensure that it's protected, accessible, and legally secure. At Fort Knox Legal, we provide comprehensive Will storage services along with valuable executor support and ongoing review reminders, all at no additional cost.
If you've made a Will but haven't yet arranged secure storage, or if you need assistance preparing one, contact us today on (08) 9200 1833 or email us at