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Where to keep a will?

A will should be kept in a safe place. It is wise to make a photocopy of the will as the original may become lost. A note should be made on the copy of where the will is kept. It is wise to let the executor of the will know where it is located. Banks and insurance companies hold wills, usually for a small charge. Trustee companies will usually only hold a will if they are named as an executor. Lawyers will usually hold a will if they have prepared it for a client, even if they are not named as executors.

Wills Register

The Law Society of South Australia provides a secure centralised register of the location of South Australian wills. This service is available for legal practitioners to register wills and to search for missing wills. Although practitioners are encouraged to register their clients’ wills participation in the register is voluntary.

From 1 December 2019, legal practitioners may publish the name and date of birth, and the date of the will of their client, without breaching confidentiality, in the following situations:

  • The will was made before 1 December 2019; and
  • The legal practitioner has been unable to contact the client despite reasonable attempts to do so to obtain consent for publication

See Legal Practitioners Act 1981 (SA) s 95E

Where to keep a will?  :  Last Revised: Fri Nov 29th 2019
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.