ARTICLE
28 October 2024

Why you should keep your will with a lawyer

A
Avant Law

Contributor

Avant Law is a doctor-focused law firm that was originally established for our members in 2009 to provide the highest level of defence and protection in medical indemnity. It is now the largest medico-legal firm in Australia and continues to protect members for medical indemnity and employment issues and provide expert advice to help reduce the risk of a complaint or claim. With our deep understanding of medical practitioners and their practices and to help support doctors across life’s opportunities and challenges, we provide tailored legal services to address their personal, professional and business legal needs. Avant Law is a subsidiary of Avant Mutual (Avant) – Australia’s leading doctor organisation with a proud heritage of protecting the Australian medical professional for 130 years.
As the original Will is required to administer a deceased estate, it is important to keep the Will somewhere safe.
Australia Family and Matrimonial

A Will is one of the most important legal documents you will ever create. A properly drafted Will can ensure that your loved ones are looked after, but once you have taken this crucial step, what should you do with the original document?

As the original Will is required to administer a deceased estate, it is important to keep the Will somewhere safe.

Many people choose to store their Will and other documents at home or with a friend, but as the below points show, there are several reasons why this may not be the best strategy.

1. Loss or damage

Like many documents, it can be easy to misplace a Will at home. Documents can be accidentally thrown away, get lost when moving house or become damaged due to fire or flooding.

If an original Will is lost, a Court will presume the Will has been revoked and destroyed, undoing the time and effort you took to put a proper Will in place.

Likewise, if a Will shows signs of significant damage, a Court may take this as a sign you intend to destroy your Will, with the intention of revoking it.

2. Tampering or theft of a Will

When a Will is stored at home, it increases the possibility of the document being looked at or tampered with without your consent.

This can lead to the Will being deemed invalid or in the case of theft, your Will being unable to be located, resulting in your assets being distributed differently to how you intended.

3. Access

In the event of your death, your loved ones need to be able to locate your documents quickly. If the Will is stored at home, your loved ones may not be able to find it or physically get to your property in a timely manner, causing unnecessary delay and expense to your estate.

Storing your Will with a lawyer

Thankfully the problems above can be easily solved by keeping your Will with a lawyer, rather than at home.

A professionally stored Will significantly reduces the possibility of loss or damage to your Will and ensures that only people authorised by you can access the documents.

Free Will storage at Avant

At Avant Law, we're committed to ensuring your Will is secure and up to date. That's why we offer free secure Will storage, along with a complimentary review of your existing documents to ensure everything is in order.

Whether your circumstances have changed since making your last Will or you simply want to safeguard it against loss or damage, we're here to help. We can even help transfer your documents from your old firm to Avant Law!

Don't leave your legacy to chance – contact us today to take advantage of our free storage and document review services and gain the peace of mind knowing your wishes are fully protected.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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