A will is a testamentary document made voluntarily and lawfully executed according to the Wills law by a person called the testator with a sound disposing mind on how his estate (real and personal) will be disposed upon his death.
In other words, it is a directive of a person on how his things or his properties will be disposed of upon his death.
Making a Will is one thing and keeping it in safe custody is another. A will is like any other legal documents and should be safeguarded and kept in safe custody. This is because a will is testamentary, it takes effect after the death of the testator. In fact a will is more important after the death of the testator and where the will is lost or destroyed when it is not properly kept, this might raise problems amongst the beneficiaries of the will.
Your will is one of your most important documents. After writing it, you need to make sure you keep it in a safe place where your executors (but no-one else) can find it when they need it.
It is pertinent to place your will where it’s safe from theft, fire, or other damage.
Be sure your personal representative knows where your will is. It is important to ensure that those who will administer and proof the will finds it after testator’s death.
These are the means of keeping Wills before the testator’s death. It can be kept in the following places:
1. PERSONAL SAFE DEPOSIT BOX.
A Will can be kept personally by the testator himself. This can be done through various means. It is advisable to keep your will where none of the beneficiaries or third parties can see it. The content of the will is supposed to be made known after the death of the testator.
Your home is probably the easiest place for your executors to find your will since it will probably be the first place they look if you haven’t told them otherwise.
A safe-deposit box in your home is one possibility, although it may be difficult for your personal representative to access your safe-deposit box after your death. The will is of no use if after the death of the testator , no one can have access on how to open the box. So it is expedient to grant access to your personal representative, so that in the event of death, they can gain access to the Will.
2. AT THE PROBATE REGISTRY.
Storage at the probate registry is one of the options of keeping a will in safe custody.
This is the best place to keep a will. Keeping the will within the jurisdiction the will was made is the best alternative. The procedures which a testator must comply with before his will is accepted and kept at the probate registry can also be an advantage and also operate in favour of the Will, should the validity of the contents of the Will be contested by anyone on the ground that the testator lacked a sound mind when making the Will.
It’s very crucial that the Will submitted for Probate is the latest Will. This will ensure that the correct person is applying to administer the Estate.
3. BANKS
Banks have vaults for safekeeping key items belonging to customers, including legal documents such as property deeds, certificates, wills etc.
A smart way of keeping some of your valuable assets is storing them in the safedeposit box of your bank. Banks have safe deposit boxes, which they can lease out to customers annually. These boxes at the custody of the banks are much safer than those an individual may keep at home, because the ones kept at home may be prone to certain dangers. For instance thieves may be able to reach the owner or make him to open it for them under duress. This may not be said about wills anyway, thieves may not actually have need for wills unless sent to obtain it by someone who does. However in presumption that valuable items must be in the box, thieves can part away with the box containing the will. Safedeposit box is held in a bank vault and protected by security measures employed by the bank to safe-keep their customers’ monies and can be a good avenue to store a will.
N/B Banks offer storage facilities, but the only problem is that your executors will have no right to access your stored documents until they have a Grant of Probate.
4.WITH A TRUSTED FRIEND OR RELATION.
A will can be kept with a trusted friend or relation. The most important thing is that they make it available upon the death of the testator. It is advisable to keep it in the possession of a much younger trusted friend or relation. This is because there is a strong presumption that the older will predecease the younger.
5. A COPY LEFT WITH THE SOLICITOR WHO PREPARED THE WILL.
A copy of the will can also be left with the solicitor who prepared it.
Solicitors often offer Will storage without charging anything. It is often believed that the number of Will in storage has a big influence on the value of a solicitors practice. Be that as it may, the solicitor plays a huge role on the storage of a will.
6. EXECUTOR/PERSONAL REPRESENTATIVE APPOINTED IN THE WILL.
Some people also give a copy to their personal representative. You’d want to do this, for instance, if you include funeral preferences in your will. Usually the reading of a will doesn’t happen until after a funeral. So you’d want your personal representative to have a copy on hand, to be able to carry out your funeral wishes.
Written by Mpi Elton Chizindu Esq.
Ace Juris 