The proper storage of a will is essential to ensure that the will is accepted by the court after the person who made the will (the testator) passes away. The courts prefer to have the original will when offered for probate. The courts will accept a copy of the will only under certain circumstances.
Copies of Wills
After a will has been signed with the proper formalities, photocopies can be made for the testator and the attorney. If the testator would like others to have a copy of the will, such as an accountant, financial advisor, or the person nominated in the will as the executor, additional copies can be made for them. A testator should discuss with an attorney the potential consequences of giving one beneficiary a copy of the will prior to giving any other beneficiaries a copy of the will.
Storage of Wills
The testator can keep a copy of the will in his or her files at home or office for reference. The original will should be kept in a safe place so that it will not get lost or harmed by fire or weather, such as in a fireproof safe or a safe-deposit box. The testator should leave readily available instructions regarding the whereabouts of the original will. For example, a notation can be placed on any copies of the will stating the location of the original will.
In some cases, the testator may request the attorney to safeguard the original will. A person or attorney who accepts this responsibility may be subjected to damages or contempt for failure to file the will with the court within a reasonable time after the testator's death. Some states allow a testator to deposit an original will with the court for safekeeping.
Storage of International Wills
International wills have their own signing procedures to follow and an international will certificate. As part of this procedure, the attorney or other authorized person is required to ask whether the testator wishes to make a declaration concerning the safekeeping of the will. If the testator does, the testator can request that the place where he intends to have his will kept shall be mentioned in the certificate for the international will. The certificate states certain identifying information about the testator, witnesses, and authorized person, such as their names, addresses, and dates and places of birth, as well as the facts of the execution and any request regarding the safekeeping of the will.