Why you should keep your will with a lawyer
Wednesday, 23 October 2024
A Will is one of the most important legal documents you will ever create. A properly drafted Will can ensure that your loved ones are looked after, but once you have taken this crucial step, what should you do with the original document?
As the original Will is required to administer a deceased estate, it is important to keep the Will somewhere safe.
Many people choose to store their Will and other documents at home or with a friend, but as the below points show, there are several reasons why this may not be the best strategy.
1. Loss or damage
Like many documents, it can be easy to misplace a Will at home. Documents can be accidentally thrown away, get lost when moving house or become damaged due to fire or flooding.
If an original Will is lost, a Court will presume the Will has been revoked and destroyed, undoing the time and effort you took to put a proper Will in place.
Likewise, if a Will shows signs of significant damage, a Court may take this as a sign you intend to destroy your Will, with the intention of revoking it.
2. Tampering or theft of a Will
When a Will is stored at home, it increases the possibility of the document being looked at or tampered with without your consent.
This can lead to the Will being deemed invalid or in the case of theft, your Will being unable to be located, resulting in your assets being distributed differently to how you intended.
3. Access
In the event of your death, your loved ones need to be able to locate your documents quickly. If the Will is stored at home, your loved ones may not be able to find it or physically get to your property in a timely manner, causing unnecessary delay and expense to your estate.
Storing your Will with a lawyer
Thankfully the problems above can be easily solved by keeping your Will with a lawyer, rather than at home.
A professionally stored Will significantly reduces the possibility of loss or damage to your Will and ensures that only people authorised by you can access the documents.
Free Will storage at Avant
At Avant Law, we’re committed to ensuring your Will is secure and up to date. That’s why we offer free secure Will storage, along with a complimentary review of your existing documents to ensure everything is in order.
Whether your circumstances have changed since making your last Will or you simply want to safeguard it against loss or damage, we’re here to help. We can even help transfer your documents from your old firm to Avant Law!
Don’t leave your legacy to chance – contact us today to take advantage of our free storage and document review services and gain the peace of mind knowing your wishes are fully protected.
If you have any questions, or would like more information about how we can assist you, please call 1800 867 113. To organise a confidential discussion at a time that suits you, please click here
About the authors
Michael Mobberley
Michael Mobberley is a Special Counsel in the estate planning and commercial law practices at Avant Law, based in Sydney. Michael is an accredited specialist in Wills & Estates and holds a Masters degree in Corporate, Commercial and Taxation Law. Michael provides advice to both individuals and businesses on a range of matters, as well as acting for clients in contested estate and family provision claims.
Jennifer Jackson leads the estate planning team at Avant Law. Jennifer has over 15 years’ experience providing estate planning and structuring advice to clients and their financial advisers and accountants. Jennifer takes the time to work through the issues with her clients, to identify what matters most to them in that often-difficult conversation about planning for their death or loss of capacity. She brings a wealth of life experience and a calm, practical and considered approach to handling legal matters, which her client’s value. In addition to working directly with clients, Jennifer presents to both professional and community groups on topics relating to her area of practice.
Disclaimers
Disclaimer: The information in this article does not constitute legal advice or other professional advice and should not be relied upon as such. It is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of this content. The information in this article is current to 22 October 2024. Liability limited by a scheme approved under Professional Standards Legislation. Legal practitioners employed by Avant Law Pty Limited are members of the scheme. © Avant Mutual Group Limited 2024.