The Importance of Secure Will Document Storage

Wills are unique documents because you can really only have one legally valid version at any one time, other than additional foreign Wills, and so it is vital we have secure will document storage. We can have legally valid certified copies of many types of documents which can be provided as evidence of a document’s authenticity, but Wills are special in that it is only the original official Will document that must be produced for official purposes such as an application for Grant of Probate (other than in some unusual circumstances examined later in this post).

Therefore, if you can only have one original Will document, how do you ensure that you hold it securely until after your death so that it may then be easily located by your family or friends?

You may store your Will at home, maybe in a cupboard or folder along with other important documents. Whilst this is an easy option, you ought to be aware of the risks of doing this as your Will would then be vulnerable to damage, loss, accidental destruction by flooding or fire or even intentional destruction by a disgruntled excluded estranged spouse or child having understood their rights under the law if your Will cannot be located.

Why is Protecting your Will so Important?

Your Last Will and Testament document is the very last confirmed official record of your wishes in this world, making it an extremely important document to those you leave behind as a result. If your official Will cannot be located after your death, then your estate may ultimately be distributed differently to your wishes.

What Happens if your Will is Destroyed or Lost?

If your Will is last known to be in your possession, but since your death it cannot be located, there is a presumption under the law that you have destroyed your Will with the intention to revoke it. This presumption can be avoided, but only with great effort. This is obviously not ideal as your estate may then NOT pass to your beneficiaries as you wished, or great stress may be placed on your family or friends being required to seek permission to prove only a copy of your Will to the Probate Registry, which is a court, with no guarantee of success.

A copy of a Will cannot be automatically submitted for Grant of Probate, even if it is an exact match as a scanned version of the official original signed Will document. A ‘wet-ink’ signature is required for your Will to be legally valid. If your Will is lost or accidentally destroyed, your Executors can apply to prove a copy of your Will instead and submit that to the Probate Registry along with affidavit evidence giving precise details regarding the circumstances of the loss or destruction of your Will, what efforts have been made to locate it, and what evidence there is to disprove the presumption that the Will was revoked by the testator as defined by the law. This action must also include details of anyone who will be prejudiced if the copy Will is accepted rather than the official version.

The situation becomes far more complex if no copy of the signed Will is available.

What Benefits does Secure Professional Will Storage Provide?

A professional and Secure Will Document Storage service often offers more than just the secure storage of your Will and free Will updates (as does our firm (TRF Wills)). Many also provide services that not only protect your Will, but also make it easy for your Executor(s) to retrieve it whilst protecting your interests. For example, by only releasing the Will upon receipt of a copy of your Death Certificate and only once the Executor(s) prove their identity.

For further information WITHOUT fear of consultation fees or obligation, please visit TRF Wills.

THANK YOU.