The Importance Of Keeping Your Will Safe
- RHC Solicitors
- Aug 29
- 5 min read
Keeping your will safe is essential to ensuring your final wishes are respected and your loved ones are properly provided for after your death.
A Will is a legal document that outlines how your assets should be distributed, and if it is lost, damaged or inaccessible, it can create confusion, delays and disputes among family members. Safeguarding your Will helps protect your legacy, and provides peace of mind to yourself and your loved ones.
Read below to discover why safe storage of your Will is so important, your options for keeping it secure, and what could happen if things go wrong.
Why You Need To Keep Your Will Safe
It goes without saying, but once your Will is signed and witnessed, it becomes a legally binding document.
For it to be valid and effective after your death, the original copy must be located and submitted to the Court as part of a probate application.
If the original Will can’t be found, or is damaged in a way that makes it unreadable or appears tampered with, it may not be accepted. In some cases, your estate could be distributed according to Queensland's intestacy laws, and not your wishes.
What Is Safe Custody?
Safe custody refers to the secure storage of important legal documents, such as Wills and Powers of Attorney, by a trusted third party. Many law firms, financial institutions or private companies offer safe custody arrangements.
Safe custody helps protect estate documents from being lost or misplaced, accidentally destroyed (e.g. by fire, water or when moving house), or being intentionally destroyed or tampered with.
RHC Solicitors have a secure safe custody service, and hold thousands of documents for our clients from throughout our 40+ years of service.
One of the primary benefits of placing documents in safe custody is that your executors will know exactly where to find it, avoiding unnecessary searching, stress or legal costs should it be lost or damaged.
Where Should I Store My Will?
Your Will is one of the most important legal documents you will ever create, and should be kept in the safest place possible.
Whilst many of our clients will choose to store their Wills and other important estate documents in our safe custody, others will decide to take their original documents with them. They may store these at home in a safe, with their executor, or deposit these with their financial institution.
Wherever it is kept, the most important thing is that the original document is not damaged or destroyed, and can be easily located when the time comes.
The Risks Of Storing Your Will At Home
While it might seem convenient to keep your Will at home, doing so comes with significant risks. Fire, flood, theft, or accidental damage can destroy or compromise the document, and seemingly small issues like removed staples, paper tears, coffee spills or handwritten notes can raise questions about its validity.
Storing your Will in a drawer, filing cabinet or personal safe may feel secure, but unless it meets legal and practical standards, it could put your estate at risk. This is why placing your documents in safe custody with a law firm ensures your Will is stored in a secure environment.
Should I Tell My Executors Where My Will Is Stored?
Absolutely!
Your executor should know the location of your original Will, as they will need it to apply for probate and to carry out your wishes.
We also recommend that you inform any trusted family members or beneficiaries in case your executor passes away, becomes incapacitated or otherwise refuses to act. This can avoids unnecessary delays, legal costs and a time-consuming search for the document.
It's important to remember that you don’t need to tell anyone what’s in your Will, just where to find it. Without this, your executor may be left searching or unaware that a Will even exists.
Should You Keep A Copy?
Absolutely!
Holding a copy of your Will can be useful for your own records and for discussions with your loved ones.
It's important to remember that a copy is not legally binding unless the original is located or the Supreme Court is satisfied with the circumstances to accept the copy. To learn more about this, we recommend reading our in-depth article here.
If you do keep a copy, make sure it is clearly labelled as such, and avoid writing on it or making any changes, as this could lead to confusion or legal complications later on.
Our estate lawyers always offer clients the opportunity to receive copies of their estate documents once they have been executed.
What If You’ve Lost Your Will
Losing your original Will can create uncertainty and complications for your estate, but there are steps you can take to minimise the impact and ensure your wishes are still followed.
If you believe your Will has been lost, it’s important to act quickly.
Check with your solicitor as they may have a copy or the original in safe custody
Check with your bank or accountant in case they’ve held documents on your behalf
Make a new Will If the original cannot be located
Creating a new Will as soon as possible is the safest option to avoid intestacy. It's also important that generally only the latest valid Will counts (unless successfully disputed).
Bonus: How Can I Revoke My Will?
You can revoke your Will at any time during your life, but it’s important to do so correctly.
The safest way to revoke a Will is to make a new one, which automatically revokes any previous will (assuming there is a clause to that affect). To avoid any concerns, it is recommend you prepare and execute a new Will with the guidance of a reputable and experienced estate lawyer.
In Queensland, it's also important to remember that certain life events can impact your Will:
Marriage generally revokes any Will made before that marriage automatically, unless the Will is made in contemplation of a marriage
Unless a Will clearly states otherwise, divorce will automatically revoke any provisions made in favour of a former spouse, except where the former spouse is appointed as a trustee for assets held in trust for beneficiaries (e.g. their children)
If you’ve recently married or divorced, it’s essential to update your Will to ensure your wishes remain valid, and properly reflect your current circumstances.
Protect Your Legacy With Confidence
Whether you're ready to prepare and execute a Will, want to place items in our safe custody or just want to discuss your estate planning needs, don't hesitate to contact our friendly and experienced today to discover how we can help.
Disclaimer: This publication is not intended to be comprehensive, nor does it constitute legal advice. We are unable to ensure the information is current and there is no guarantee in relation to accuracy. You should seek legal or other professional advice before acting or relying on any of the content of this publication. The views and/or opinions expressed in this publication is that of the author and may not necessarily represent the views and/or opinions of RHC Solicitors.
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