What happens to your Will if you leave it in your solicitor’s safe custody?

In this episode of Talking Legal, trusted Wills and Estates lawyer, Miranda Campbell, discusses what happens if you leave your Will in your solicitor’s safe custody. When clients ask us to keep their Wills, we keep them in a fireproof safe.

1. How do you retrieve your Will from your solicitor’s safe custody?

If the Will maker is alive, then they are the only person who can retrieve their Will. They must show ID and sign an acknowledgement receipt so that we can keep record of where the Will has gone.

If the Will maker has passed away, the executor of the Will can retrieve it. That person must provide their ID and a death certificate of the Will. They also sign an acknowledgement receipt for us to keep record.

2. Is anybody else entitled to collect your Will from your solicitor?

Quite often, we have Power of Attorneys ask to collect a Will for their family member, such as an elderly parent. As stated above, we are not able to release it unless you are the Will maker or the executor, if the Will maker has passed away.

3. What identity documents should I provide to the solicitor?

Ideally, we prefer primary ID documents that have a photo. This includes a passport or driver’s license (both, if possible). If you don’t have these forms of ID, we’ll also accept a birth certificate and another document that states your name, such as a bank card.

4. Can your solicitor destroy your Will if you leave it in their safe custody for too long?

We will never destroy a Will. If you leave your Will with a solicitor, you can be sure that it is in safe hands.

For more information, contact our trusted Wills and Estates lawyers in Brisbane. To contact Matthew Love Family Lawyers, call us on 1300 AT LOVE,  email miranda@matthewlove.com.au or contact us.

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