Safeguarding Your Wishes: Who Keeps the Original Copy of a Will? [Revealed 2024]

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Who Keeps the Original Copy of a Will
Who Keeps the Original Copy of a Will

The will is a cornerstone of estate planning, outlining an individual’s desires for the distribution of their assets after death. But where does the all-important original document reside? This seemingly simple question “Who Keeps the Original Copy of a Will” can have a complex answer, depending on the testator’s (the person who creates the will) preferences and the involvement of legal counsel.

This article delves into the various possibilities for safekeeping the original will, exploring the advantages and disadvantages of each option. We’ll also address frequently asked questions and provide guidance on ensuring your will’s accessibility when it’s needed most.

The Role of the Testator: Self-Custody or Delegation?

Traditionally, the testator held onto the original will. This approach offered a sense of control and allowed for easy access for revisions. Common storage locations included:

  • Safe Deposit Box: A secure option, but accessing the box might require the presence of a designated co-owner, potentially delaying the probate process.
  • Fireproof Safe at Home: Provides convenience but raises concerns about fire or theft damage.
  • Personal File Cabinet: Readily available but vulnerable to loss or misplacement during emergencies.

However, self-custody can introduce risks. Wills can be accidentally misplaced, destroyed, or even hidden by someone with conflicting interests. Additionally, forgetfulness or a lack of clear communication with loved ones can lead to difficulty locating the document after the testator’s passing.

Enter the Legal Professional: The Attorney as Custodian

Many individuals choose to entrust their original will to their estate planning attorney. Attorneys often have:

  • Secure Storage Facilities: Law firms typically have secure vaults or document management systems specifically designed for safeguarding important documents.
  • Record-Keeping Systems: Attorneys maintain organized filing systems, making it easier to locate the will when needed.
  • Continuity of Care: If the original attorney is unavailable, the firm can usually locate the will and guide the executor through the probate process.

There are, however, some considerations with attorney custody:

  • Potential Fees: Some attorneys may charge a storage fee for holding the original will.
  • Communication Breakdown: If the client fails to inform the attorney of their passing, it may delay the discovery of the will.

Alternatives to Traditional Options: Modern Solutions

With the rise of technology, new options for will storage are emerging:

  • Online Document Vaults: These secure cloud-based platforms offer 24/7 access for authorized individuals and ensure protection against physical disasters. However, concerns about internet security and long-term accessibility of the platform exist.
  • Digital Wills: While still in their early stages, some companies offer digital will creation and storage services. The legal validity of these digital wills can vary by jurisdiction, and traditional printed copies may still be necessary.

These options require careful consideration of security measures and long-term viability.

Frequently Asked Questions (FAQs)

  • Can I have multiple copies of my will?

Absolutely! It’s advisable to have certified copies for safekeeping with a trusted individual, executor, or financial advisor. However, the original will should be held by a single, reliable custodian.

  • What happens if the original will is lost?

If a valid copy exists, it can be submitted for probate with proper authentication. However, this process can be more complex and time-consuming than using the original document.

  • How do I inform my loved ones about the location of my will?

Clearly communicate the custodian’s name and contact information to your executor and close family members. Consider keeping a note with this information in a safe deposit box or readily accessible location.

  • where to keep original will?

Two common places to store your original will are with your attorney for safekeeping or in a fireproof safe at home for easy access.

  • Do lawyers keep original copies of wills?

Yes, many lawyers hold original wills for safekeeping and easy retrieval, but discuss fees and inform them upon your passing.

Conclusion: Safeguarding Your Legacy

The decision of where to store your original will is an important one. Carefully weigh the advantages and disadvantages of each option based on your comfort level and risk tolerance.

Here are some key takeaways:

  • Accessibility: Ensure the custodian can be easily contacted upon your passing.
  • Security: Choose a location that minimizes the risk of loss, damage, or unauthorized access.
  • Communication: Inform your executor and loved ones of the will’s location and the custodian’s contact details.

By taking these steps, you can ensure your wishes are carried out smoothly and efficiently during a difficult time for your family. Remember, a well-drafted and properly stored will is a crucial element of a comprehensive estate plan, bringing peace of mind and clarity for the future.

Note: Always consult with an estate planning attorney to discuss your specific needs and ensure your will complies with the laws in your jurisdiction.

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