Where is the best place to store a Will?

Your Will and other testamentary documents such as a Power of Attorney and Advance Care Directive are some of the most important documents that you will ever sign. It is crucial that these documents are kept in a safe location, which your loved ones will be able to access when the time comes.

At Johnston Withers Lawyers we offer our clients’ two complimentary services to ensure that their Will and other documents are kept safe and accessible by their loved ones when the documents are needed. These services include storing your original Will with the Law Society of South Australia Will Registry.

Deed Safe

Johnston Withers Lawyers has fire rated deed safes which currently hold thousands of clients testamentary documents securely. We offer to hold our clients’ Wills, Powers of Attorneys, Advance Care Directives and other testamentary documents at no cost. We can hold the original and provide you with a copy of the documents to take home with you.

These documents can be returned to you at any time upon your request.

We can also provide the documents to your Attorney (in the case of a Power of Attorney) or your Substitute Decision Maker (in the case of an Advance Care Directive) if they produce photo ID and evidence that you have lost capacity such as a doctor’s certificate. We can provide your Will and other documents to your Executor if they produce photo ID and evidence that you have passed away.

We always sight photo ID and have the person collecting the documents, whether it be you, your Attorney, Decision Maker or Executor sign a receipt to ensure that the documents are given to the correct person and that we have a written record of who your documents have been released to.

We take all the necessary steps to keep your documents safe and maintain your confidentiality.

Will Registry

In addition to keeping your Will safe, we can record the existence and the location of your Will with the Will Registry managed by the Law Society of South Australia.

The Will Registry allows people to record that they have a Will and identify what law firm holds or prepared the Will. It is designed to ensure that people and their Executors do not lose track of where their Wills are kept.

The Will Registry can only be accessed by legal practitioners or their law firm for the purpose of uploading information regarding a Will or looking for a Will which has been misplaced by the maker of the Will. If the person who made the will has passed away, their Executor (if they are known) or otherwise close family members who are eligible to apply for a Grant of Letters of Administration can access the Registry.

Upon obtaining your permission, Johnston Withers Lawyers will upload your information into the Will Registry. We do not upload a copy of your Will or information as to what is recorded in the Will.

This service is offered at no additional costs to our clients.

Johnston Withers Lawyers: Experienced Lawyers in Wills and Estate Planning

Johnston Withers Lawyers are experienced in preparing Wills and are invested to ensure that your Will and testamentary documents are kept safe and easily accessible. If you would like advice from one of our wills and estate lawyers, please contact us on (08) 8231 1110, or get in touch online

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.