It is essential that you store your original Will somewhere secure and make sure your executor knows where it is. In Western Australia your executor has to file the original Will with the Supreme Court to obtain a Grant of Probate. Proving a copy instead is possible, but it requires evidence to prove that you didn’t revoke the Will.
Why does the original matter so much?
The Court needs the original Will. Your executor must file it with the Supreme Court of Western Australia when they apply for a Grant of Probate, which they will need in order to administer your estate.
An application to prove a copy is possible, but your executor will need to prove to the Court that you didn’t revoke your Will by destroying the original.
If the original was last known to be in your possession and can’t be found after your death, there is a presumption that you destroyed it intending to revoke it. Your executor then has to persuade the Court otherwise. If they can’t, you have died intestate and a statutory formula decides who inherits, not your Will. See What does it mean to die intestate?
Where should you store your Will?
Store your Will somewhere secure, dry and accessible to your executor after your death.
If we prepared your Will, we can store the original in our safe custody facility at no charge. It is held in our in-house secure document storage and you can retrieve it whenever you want. After your death, your executor can contact us to collect it.
Best practice for storing your Will includes:
- keep your original Will together with any amendments, called codicils, in one secure place;
- keep a copy at home in an envelope and write on the envelope where the original is stored;
- tell your executor where the original is and tell them again if it ever moves; and
- review where it is stored whenever you move house, change executor or make a new Will.
What should you avoid?
Three things cause most of the trouble we see:
- don’t sign duplicate copies of your Will. If two signed originals exist and only one can be found, your executor has to explain what happened to the other (i.e. that you didn’t destroy it with the intention to revoke your Will);
- don’t leave your Will in a bank safety deposit box unless your executor has access to it. Getting into a box held in the name of a person who has died can itself require a Grant of Probate, which is the document your executor needs the Will to obtain; and
- don’t punch holes in your Will, or attach anything to it with paper clips or staples. Marks left by a removed staple or clip suggest something was once attached and later taken off and the Court may want an explanation before admitting the Will to probate.
What happens if you make a new Will?
If you make the new Will with us, we’ll update our safe custody records automatically and you don’t need to do anything.
If you make a new Will somewhere else, tell us. Complete the authority form on our safe custody page and we will update our records and post the old Will back to you so you can destroy it. Leaving a superseded Will sitting in storage may lead to an application to prove a superseded Will, where no one knows that the Will had actually been changed.
Who should know where it is?
At a minimum, you should let your executor know where your Will is stored. You may also like to tell other trusted family or friends.
You don’t have to give them a copy of your Will or tell them what it says – what matters is that the person who has to act on it knows where to start looking.
Frequently asked questions
Can I keep my Will at home?
You can and many people do. The risks are fire, water, pests, being thrown out during a house move and simply not being found. If you keep it at home, use a fireproof document safe and make sure your executor knows the Will is there and how to get into the safe.
Can I store my Will electronically?
You can keep a scan for reference and it is sensible to do so, but a scanned copy does not replace the paper original, which is what the Supreme Court requires.
Do you have to hold my Will if you prepared it?
No. Some clients take the original away with them and that is entirely their choice. If you do, keep it safe and tell your executor where it is.
Can I get my Will back if you are holding it?
Yes, at any time. Complete the authority form on our safe custody page and telephone us at least 24 hours before you come in, so the documents are ready for collection. We may make further enquiries before releasing anything, because the whole point of the service is that your Will is not handed to the wrong person.
What happens to my Will when I die?
Your executor contacts us and we release the original so they can apply for probate. We satisfy ourselves first that we are dealing with the right person.
We will store your Will for you
If we prepare your Will, we will store the original for you at no charge, and you can collect it whenever you want.
See Safe custody, or call the Wills team on (08) 9220 4433.
Related: How often do I need to update my Will?
This article is general information and not legal advice.
