Storage of a will

Storage of a will

A will is an extremely important document. It should be kept in a secure place, and the executor appointed under the will told where it is. If the original of a will is lost in the custody of the willmaker, there is a rebuttable presumption that it is revoked. Therefore, wills should be kept in safe custody with a solicitor, trustee company, accountant or any other institution that will hold documents such as wills in safe custody. If the willmaker wishes to keep the executed will, it should be stored with the willmaker’s other legal documents.

The Probate Office (see ‘Contacts’ at the end of this chapter) accepts wills for safekeeping under section 5A of the A&P Act. To store a will with the Probate Office, the will must first be registered with the Probate Office using the Supreme Court’s RedCrest electronic filing system (available at www. redcrest.com.au). The fee for storing a will with the Probate Office is $25.40 and the fee for delivery of a will from storage with the Probate Office is $42.90 (from 1 July 2023).

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Health, wills and other legal issues affecting older people