Estate planning includes creating important legal documents to ensure your wishes are carried out after your death. While copies of most estate planning documents are commonly acceptable, the Last Will and Testament stands out as a unique document that always requires the original at the time of death.
Why is Finding the Original Will So Important?
Unlike many other estate planning documents where copies suffice, the original Will carries significant legal weight in probate courts. Most jurisdictions require the original Will for probate proceedings and having the original Will readily available can speed up the start of the probate process.
Without a valid original Will, the estate may be distributed according to intestacy laws, which may not align with the deceased's wishes. A clearly written, original Will can help prevent disputes among beneficiaries.
It's worth noting that during the testator's lifetime, copies of the Will are useful for reference and review purposes. However, these copies generally cannot substitute for the original document in legal proceedings after death.
Recommended Storage Locations for Your Will
To ensure your original Will can be easily found when needed, consider these safe storage options:
1. A Fireproof Home Safe: Accessible yet secure from damage. It’s important that your trusted people know the location and code to the safe.
2. A Safe Deposit Box: Ensure a trusted individual has access by being named on the signature card and by knowing where the key is.
3. Register of Wills Office: Some jurisdictions allow Wills to be stored for safekeeping until the time of death when it needs to be filed.
Informing Your Fiduciary
It's crucial to ensure that your chosen fiduciary knows where to find your estate planning documents, including the original Will. Consider informing your Executor of the original Will’s location and any necessary access information. Also notify your fiduciary anytime you make changes to the legal document.
What Happens if the Original Will Can't Be Found?
If the original Will cannot be located after death, several scenarios could unfold:
1. Petitioning the Court to Admit a Copy of the Will to Probate: In some cases, the Register of Wills may accept a copy, but this process is complex and not guaranteed.
2. Intestate Succession: If no valid Will is found, the estate may be distributed according to state intestacy laws which rarely mirror the decedent’s wishes.
3. Potential Challenges: The absence of an original Will could increase the likelihood of legal challenges to the estate.
Conclusion
While copies of many estate planning documents are legally acceptable, the Last Will and Testament is a unique document that typically requires the original at the time of death. By choosing a secure storage location for your original Will and informing your fiduciary, you can help ensure that your final wishes are respected and carried out efficiently. Remember, proper storage and communication about your Will and other legal documents are crucial steps in the estate planning process.