Storage of a will
A will is an important document that should deal with every asset the testator owns. It must be kept in a safe place.
Wills should be kept in safe custody with a solicitor, trustee company, accountant or any other institution that will hold documents such as wills in safe custody. If the willmaker wishes to keep the original executed will, it should be stored with the willmaker’s other important documents in a safe place, that is preferably fireproof.
The Probate Office (see ‘Contacts’ at the end of this chapter) accepts wills for safekeeping under section 5A of the A&P Act. To store a will with the Probate Office, the will must first be registered with the Probate Office using the Supreme Court’s RedCrest electronic filing system (available at www.redcrest.com.au) and a small storage fee paid.
The executor(s) or a relative should be told of the will’s whereabouts so that it can be easily located when the willmaker dies. The executor could also be given a copy of the will in a sealed envelope if the will is uncontroversial.
If a will disappears in the custody of the willmaker, there is a rebuttable presumption that the will has been revoked by destruction.
It is a criminal offence to conceal a will or codicil. A person concealing or retaining a will may be liable to pay damages to any person defrauded or any people claiming under them for any loss sustained through retention or concealment (A&P Act s 66).
Storage of a will
Chapter: 9.3: Wills
Contributor: Justin Rizzi, Barrister
Current as of: 1 September 2024
Law Handbook Page: 808
Next Section: Parties involved in making a will
