Creating a will is an essential part of planning your estate, but once the document is written, it’s equally important to store your will properly.
In this guide, we’ll explore the most effective ways to secure your will, including where to store it, who should have access, and how to avoid common mistakes.
Why proper storage of your will is important
Storing your will securely is crucial to ensure that it’s available when needed. If your will is lost, damaged, or forgotten, the court may not be able to locate it, leading to delays in the probate process and confusion about your estate.
Additionally, if the wrong version of your will is found, or if there are mistakes in your will, it could lead to disputes among beneficiaries or even probate conflicts.
To avoid these issues, you need to ensure your will is kept in a place where it is protected from loss or damage, while still being easily accessible to your executor and family when required.
How to store your will safely
Here are several recommended options for storing your will securely, ensuring it remains intact and accessible when needed.
1. At home in a safe or secure location
One of the simplest options for storing your will is to keep it at home in a secure place, such as a fireproof and waterproof safe.
This allows you and your family easy access, but it’s essential that only trusted people know where it is and how to access it. A secure lockbox or a personal filing cabinet in a home office may also be suitable, as long as it is protected from the risk of theft or fire.
However, while storing your will at home offers convenience, it comes with the risk of damage, misplacement, or unauthorised access. Make sure your executor is aware of the will’s location, and consider having a backup copy stored elsewhere.
2. With your solicitor or will-writing service
Many people choose to store their will with the solicitor or will-writing service that helped draft it.
Solicitors often provide secure storage options, ensuring your will is kept safe in a professional setting. If you store your will with a solicitor, they will have a record of it, and you can be confident that it is protected from damage or theft.
Storing your will with a solicitor also makes it easier to update your will if your circumstances change, such as getting married, having children, or acquiring new assets. Solicitors are bound by legal standards to store your documents securely, and they will ensure your will is available when needed.
3. With a will storage service
Specialist will storage services are designed specifically for securely storing wills and other legal documents.
These services often provide climate-controlled, fireproof storage facilities and offer easy access to your will for your executor when required. Most will storage services provide a reference number or certificate of storage, ensuring there is a clear record of where your will is kept.
Some storage services also offer online portals where you can view and manage your documents. This can make it easier to ensure your will is up to date and ready for retrieval during probate.
4. At your bank or building society
Many banks and building societies offer safe deposit boxes, which are ideal for storing important legal documents like wills.
Safe deposit boxes are highly secure and protected from theft, fire, and flooding, making them a popular choice for storing legal paperwork. However, one potential drawback is that it may be difficult for your executor to access the box if they do not have permission or legal authority.
Before choosing this option, ensure you’ve chosen the right executor for your will, they know about the safe deposit box and has the required permissions to access it after your passing. Otherwise, it may cause delays or complications during probate.
Who should have access to your will?
While securing your will is essential, it’s also important to ensure the right people can access it when needed.
After all, the safest storage method means nothing if your executor or beneficiaries can’t retrieve the will. Here’s who should have access:
- Your executor: The executor of your estate should know exactly where your will is stored and how to access it. Make sure they have a clear understanding of their responsibilities, as they will need to manage the distribution of your assets.
- Trusted family members: In addition to your executor, it’s a good idea to inform one or two trusted family members about the location of your will. This can help avoid confusion or delays if your executor cannot be reached immediately.
- Your solicitor: If you’ve stored your will with your solicitor, they should provide you with a certificate or reference that includes information on how your family can access the will.
Storing a copy of your will
While keeping the original will secure is important, it’s also worth considering whether you want to store a copy.
Copies can be useful for reference, but they don’t hold the same legal weight as the original. If you’re keeping a copy, it’s important to clearly label it as such to avoid confusion.
In addition to storing a copy, you should consider how to handle other related documents. If you’ve created living wills or other directives, ensure they’re stored alongside your traditional will and that the relevant parties are aware of both.
Avoiding common storage mistakes
When it comes to storing your will, there are a few common mistakes to avoid:
- Don’t keep it in a hard-to-reach place: While hiding your will somewhere secret might seem secure, it can make things difficult for your family. Keeping it too hidden could mean it’s never found in time.
- Don’t store it with other, less important papers: It’s easy for important documents to get lost among less significant paperwork. Store your will in a dedicated, easily identifiable folder or box.
- Ensure it’s in good condition: A damaged or defaced will can cause delays or even disputes during the probate process. Keep your will in a fireproof and waterproof case to avoid any damage.
- Avoid giving the only copy to someone else: Don’t leave the only copy of your will with someone without professional storage. If they lose it or fail to keep it safe, your estate may face complications, and you may lose control of what happens to your assets.
What happens if you don’t store your will properly?
Failing to secure your will properly can have serious consequences.
If your will cannot be found or is damaged beyond repair, your estate may be distributed according to intestacy law, which may not align with your wishes. Intestacy laws determine who inherits your assets if no valid will is available, and they do not account for personal preferences.
This is especially important if you’ve named a guardian for your children in your will. If your will is lost, there may be confusion or disputes over who should take care of your children. Proper storage ensures that your wishes regarding guardianship, asset distribution, and final requests are honoured.
Conclusion
Safely and securely storing your will is just as important as creating it.
By keeping it in a safe place and ensuring the right people can access it, you reduce the risk of delays, disputes, and unintended asset distribution.
Whether you choose to store your will at home, with a solicitor, or through a professional service, the key is ensuring it remains secure while still being accessible when needed.
If you’ve created your will but haven’t stored it securely, now is the time to consider your options.
And if life changes occur—such as marriage, the birth of children, or a change in assets—make sure to regularly update your will to reflect your current wishes.
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