Making a Will is one of the most important steps you can take to protect your loved ones and ensure your wishes are carried out after you’re gone. But once you’ve signed that crucial document, a critical question remains: where should you keep your original Will to ensure it’s found when needed?
It’s a question we hear frequently at our Penrith offices, and for good reason. When the time comes to administer an estate, the original Will isn’t just helpful—it’s essential. The Supreme Court of New South Wales requires the original document when processing applications for Grants of Probate or representation.
Why Your Original Will Matters
In New South Wales, the law takes a strict approach to missing original Wills. If your original Will can’t be found after your death, and the last person known to have it was you, the law presumes you deliberately destroyed it. This “rebuttable presumption of destruction” can have serious consequences for your estate and your loved ones.
Safe Storage Options for Your Will
Professional Safe Custody
At Bateman Battersby Complete Legal, we offer free safe custody services for original Wills and other estate planning documents. Your documents are registered in our Safe Custody Register, stored electronically, and the originals are secured in our strongroom. This service ensures your Will is protected from loss, damage, or accidental disposal—common risks when storing important documents at home.
Banks and Financial Institutions
Some banks and financial institutions provide safe deposit boxes for document storage, though these typically involve annual fees. While this option provides security, it’s important to ensure your executor knows where to find the key and has appropriate access rights.
The NSW Trustee and Guardian
The NSW Trustee and Guardian offers Will registration and storage services. This government body provides another secure option for those seeking professional document storage.
Home Storage Considerations
If you choose to keep your Will at home, take extra precautions. Store it in a fireproof safe, clearly labelled and separate from everyday paperwork. Inform your executor of its exact location and consider keeping certified copies with your lawyer.
The Risks of Lost Wills: A Cautionary Tale
Consider this scenario: You’ve just completed your Will with your solicitor. Feeling confident, you take the original home, filing it with your important papers. Your lawyer keeps a photocopy on file.
Years pass. You move house, and during the cleanup, your Will accidentally gets caught up with old paperwork destined for the bin. You don’t realise it’s missing because life moves on, and your circumstances haven’t changed enough to warrant updating your Will.
When you pass away, your family searches through your documents but can’t find the original Will. They contact your longtime solicitor, who confirms their records show you took the original home—they only have a photocopy.
What Happens When an Original Will Can’t Be Found?
Three Possible Outcomes
When an original Will goes missing in NSW, your estate faces three potential scenarios:
1. Applying to admit a copy to probate Your executor can attempt to rebut the presumption of destruction by proving:
- A copy of the Will exists that reflects your testamentary intentions
- The Will revoked all previous Wills
- Evidence exists that you didn’t intend to destroy the Will (such as recent correspondence mentioning its location)
- The Court is satisfied the Will wasn’t revoked and remains valid
2. Reverting to a previous Will If the presumption of destruction stands and you had an earlier Will, that previous document becomes your last Will—potentially distributing your assets in ways that no longer reflect your wishes.
3. Intestacy rules apply Without a valid Will or if no previous Will exists, you’re deemed to have died intestate. Your assets are then distributed according to NSW intestacy laws, following a predetermined hierarchy starting with your spouse, then children, and extending to other family members. This becomes particularly complex in blended families.
Protecting Your Final Wishes
The message is clear: storing your original Will safely isn’t just about organisation—it’s about ensuring your carefully considered wishes are honoured. A lost Will can mean your estate is distributed in ways you never intended, potentially causing financial hardship or family disputes.
There’s no public registry of Wills in New South Wales, though the Registrar in Probate at the Supreme Court does maintain a rarely-used lodgement facility. This makes your choice of storage location even more critical.
Take Action to Secure Your Legacy
Don’t let years of careful planning be undone by a misplaced document. Whether you choose professional safe custody, a bank deposit box, or secure home storage, the key is making an informed decision and ensuring your executor knows exactly where to find your original Will.
If you’re concerned about the security of your current Will storage arrangements or need to create or update your Will, we’re here to help. Our team can guide you through the estate planning process and provide secure storage solutions that give you and your family peace of mind.
Ready to secure your Will properly? Contact our Penrith office today to discuss your estate planning needs and learn more about our complimentary safe custody services. Book a consultation online or call us to ensure your final wishes are protected.
