Preparing a will is one of the most important steps in estate planning, but what happens when the time comes to probate your will and no one can find the original? A family member may know that a will exists, but they are unable to locate it. There are also cases where the deceased may have mentioned that they prepared a new subsequent will, but no one can find it.
If your original will cannot be found, the administration of your estate can face significant delays while trying to locate it. In some circumstances, your estate may be administered as if no will had existed (intestate). In this blog, I will share a few tips on where and how to store your will so that your executor or family can easily find it when it’s needed.
- At your home
Your will should be placed in a fireproof and waterproof location, such as a safe. Make sure to advise your executor where the original will is located, and how they can access it.
- At the will drafting lawyer’s office
You may leave your original will with the lawyer who drafted it. Be sure to leave the lawyer’s contact information with your executor or a trusted family member.
- At the Superior Court of Justice
You can safely store your original will at the Superior Court of Justice for a small fee. You should advise your executor of the location and jurisdiction of the Superior Court of Justice where your will is held.
If your will cannot be located after your death or if no one knows it exists, it cannot serve its purpose. It is important that your executor or someone you trust knows where the original will is located. This can help avoid lengthy court applications and thousands of dollars in legal fees. Most importantly, it will give you and your loved ones the peace of mind that your wishes will be respected.
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.