1. Why Does the Original Will Matter?

2. What Makes a Good Storage Location?

3. Comparing Your Storage Options

4. Common Mistakes to Avoid

5. When Should You Review Where Your Will Is Stored?

6. When Should You Speak With an Estate Planning Lawyer?

7. How Bridgestone Law can Help

Introduction

After preparing and signing a will, it is tempting to place it in a drawer and consider the task complete. However, where you store your original will can be almost as important as what the document says.

Your will must remain protected from fire, water damage, loss, accidental destruction, and unauthorized alterations. At the same time, it should not be hidden so securely that your executor cannot locate or access it after your death.

The safest place to store your original will is generally:

• with the lawyer who prepared it, if the firm offers secure will storage;

• in a fire-resistant and water-resistant safe in your home, provided your executor can access it;

• in a secure document-storage facility; or

• in another protected location that is known and accessible to your executor.

Your executor should know where the original is stored and how to obtain it after your death. You may give your executor a copy of the will, but you should usually keep the signed original in one secure location rather than circulating multiple original documents.

A bank safety deposit box may be suitable in some circumstances, but it can create practical access problems if the executor does not have authority, a key, or appropriate arrangements in place.

Why Does the Original Will Matter?

A signed original is the strongest evidence of the document you intended to operate as your final will.

When an executor applies for probate, the Court must be satisfied that the will being presented is the deceased person’s valid final will. Alberta’s Surrogate Rules govern the procedure for wills and estate matters, and the Court of King’s Bench has jurisdiction over probate and estate administration.

If the original will cannot be found, several questions may arise:

• Was the will accidentally lost?

• Was it intentionally destroyed?

• Was a later will prepared?

• Is the copy complete and accurate?

• Did the deceased intend to revoke the missing will?

The existence of a photocopy does not necessarily answer these questions. Depending on the circumstances, the executor may need additional evidence or a court application before the copy can be accepted. That process can increase legal costs, delay the administration, and create an opportunity for disagreement among family members.

For this reason, your estate-planning records should clearly identify the location of the original will.

What Makes a Good Storage Location?

A good storage location should satisfy four practical requirements.

It Should Protect the Document

The will should be protected from:

• fire;

• flooding or water damage;

• theft;

• accidental disposal;

• fading or deterioration;

• pets or household damage; and

• unauthorized handwritten changes.

A regular desk drawer or filing cabinet may be convenient, but it may not provide meaningful protection from fire, water, or someone mistakenly throwing the document away.

It Should Be Accessible After Your Death

Security is important, but the document must eventually be accessible.

Your executor should not be left searching through your home, contacting numerous institutions, or attempting to open a safe without a combination. At least one trusted person should know:

• that you have a will;

• where the original is located;

• who prepared it;

• how the storage location can be accessed; and

• whom to contact after your death.

You do not necessarily need to disclose the contents of the will during your lifetime. The goal is to make sure the original document can be found.

It Should Preserve the Will’s Integrity

Your original will should not contain unexplained markings, staples that have been removed, handwritten revisions, attached notes, or signs that pages may have been replaced.

These details can raise questions during probate.

Avoid writing on the original after it has been signed. If your wishes change, speak with an estate-planning lawyer about preparing a new will or another legally appropriate document.

It Should Remain Private

A will contains sensitive personal and financial information.

It may identify beneficiaries, guardians, executors, family relationships, and particular gifts. It should not be stored somewhere that allows visitors, employees, caregivers, or other household members to review or alter it without your permission.

The goal is controlled access, not complete secrecy.

Comparing Your Storage Options

There is no single storage solution that is right for everyone. The best choice depends on your personal circumstances, who your executor is, and how easily the document can be located when it is needed.

The most common options each have advantages and disadvantages.

Keeping Your Original Will With Your Lawyer

Many estate planning lawyers, including Bridgestone Law, offer secure storage for original wills after they have been signed.

For many people, this is one of the safest options because:

• the document is stored securely;

• it is protected from accidental loss or damage;

• there is little risk of it being misplaced during a move;

• your lawyer can usually confirm that they hold the original; and

• your executor knows exactly where to obtain it.

If your lawyer stores your original will, you should still keep a signed copy at home for your records and make sure your executor knows which law firm has the original.

If you later decide to move your will to another location or another law firm, ensure the transfer is properly documented so there is no confusion about where the original is being kept.

Keeping Your Will in a Home Safe

A quality fire-resistant and water-resistant safe can also be an excellent storage option.

This allows you to keep your important legal documents close at hand while protecting them from many common risks.

However, there are several practical considerations.

Your executor must be able to access the safe after your death.

If nobody knows:

• where the safe is located;

• the combination;

• the key location; or

• how to open it,

your executor may need to hire a locksmith or even force the safe open, causing unnecessary delay and expense.

If you choose this option, ensure that your executor—or another trusted person—knows how the safe can be accessed when the time comes.

Using a Bank Safety Deposit Box

Many people assume that a safety deposit box is automatically the safest place to keep a will.

While these boxes provide excellent physical security, they can sometimes create practical challenges.

Following a person's death, financial institutions often restrict access to safety deposit boxes until appropriate authority has been established.

Depending on the circumstances, your executor may need to provide identification, a death certificate, or other documentation before access is granted. If the original will is inside the box, obtaining access may take additional time and may require following the bank's procedures.

For this reason, if you choose to use a safety deposit box, it is wise to:

• ensure your executor knows which bank holds the box;

• keep a record of the box number;

• confirm who is authorized to access it; and

• understand the bank's procedures following your death.

Although many people successfully use safety deposit boxes, it is important to consider these practical issues in advance.

Using a Secure Document Storage Service

Some individuals prefer to use professional document storage companies that specialize in safeguarding important legal and financial records.

These facilities often provide:

• climate-controlled storage;

• fire protection;

• security monitoring;

• controlled access; and

• long-term document preservation.

This option may be particularly attractive for individuals who travel frequently, own multiple properties, or do not wish to store important documents at home.

As with any storage method, your executor should know exactly where the documents are located and how they can be retrieved.

Should I Scan My Will?

Yes, but only as a backup.

Creating a digital copy of your signed will can be very helpful.

A scanned copy allows:

• your executor to quickly review your wishes;

• family members to identify beneficiaries;

• your lawyer to compare versions if necessary; and

• a replacement copy to exist if the original is temporarily unavailable.

However, a scanned copy should never replace the original signed document.

Store digital copies securely using encrypted cloud storage or another secure location, and avoid making changes directly to the scanned version.

Should My Executor Have a Copy?

In most cases, yes.

Providing your executor with a copy of your will can make estate administration much easier.

It allows them to:

• understand your wishes;

• become familiar with your estate plan;

• identify beneficiaries;

• prepare for their future responsibilities; and

• know where the original document is stored.

Many people also provide copies to their spouse or trusted family members.

The important point is that everyone understands which document is the original signed will and where that original is being kept.

Should Anyone Else Know Where My Will Is?

Absolutely.

One of the most common problems encountered during estate administration is not that a will does not exist, it is that no one knows where it has been stored.

At a minimum, consider telling:

• your executor;

• your alternate executor;

• your spouse or Adult Interdependent Partner, if applicable;

• a trusted adult family member; or

• your lawyer.

You do not need to disclose the contents of your will if you prefer to keep them private.

Simply ensuring that someone knows where the original can be found may save your family considerable time, expense, and frustration after your death.

Practical Examples

Example One: Storing a Will With a Lawyer

Margaret has her will prepared by an estate planning lawyer. After signing it, the law firm stores the original in its secure wills vault and provides Margaret with a copy for her records.

Margaret tells both her executor and her daughter that the original is being held by her lawyer and includes the lawyer's contact information with her estate planning documents.

When Margaret later passes away, her executor is able to quickly obtain the original will and begin administering the estate without uncertainty about where the document is located.

Example Two: A Home Safe

David keeps his original will in a high-quality fire-resistant home safe along with his Enduring Power of Attorney, Personal Directive, and property records.

He gives his executor the combination to the safe in a sealed envelope and explains where it is located.

Because the executor knows exactly where to find the original will, there is no unnecessary delay after David's death.

Example Three: A Lost Will

Susan prepares a professionally drafted will many years ago and places it in a filing cabinet.

After several moves over the years, no one can locate the original document. Her family eventually finds only a photocopy.

Although the copy provides evidence of Susan's wishes, the executor must obtain legal advice regarding how to proceed because the original cannot be found. What could have been a straightforward estate administration becomes more complicated, time-consuming, and expensive.

Common Mistakes to Avoid

Choosing a secure storage location is only part of protecting your will. Many difficulties arise because of simple oversights that could easily have been avoided.

Not Telling Anyone Where the Original Is

One of the most common mistakes is assuming that family members will naturally find the will.

Unfortunately, executors often spend days or weeks searching homes, filing cabinets, safety deposit boxes, and personal papers trying to determine whether a will even exists.

Simply telling your executor where the original is stored can save considerable time and stress.

Storing the Will Somewhere Inaccessible

A storage location should be secure, but not impossible to access.

If your executor cannot open your safe, does not know which bank holds your safety deposit box, or cannot determine who prepared your will, valuable time may be lost trying to locate the original document.

Making Handwritten Changes

Once a will has been properly signed, avoid writing on it.

Crossing out names, adding notes, attaching sticky notes, or making handwritten revisions can create uncertainty regarding your intentions and may complicate probate.

If you wish to change your will, it is generally better to prepare a new will or have a lawyer assist with updating your estate plan.

Keeping Multiple "Originals"

Only one original signed will should exist.

Creating multiple signed originals can lead to confusion about which document was intended to operate as your final will.

Copies are perfectly acceptable for reference purposes, but your executor should always know which document is the original.

Forgetting to Update Storage Information

Life changes.

You may:

• move to a new home;

• change lawyers;

• purchase a new safe;

• change executors; or

• relocate your important documents.

Whenever your storage location changes, make sure the people who need to know are informed.

When Should You Review Where Your Will Is Stored?

Even if your will itself does not require updating, you should periodically review where it is stored.

Consider reviewing your storage arrangements if:

• you move to a new residence;

• your executor changes;

• your lawyer retires or changes firms;

• you begin using a home safe;

• you open or close a safety deposit box;

• you marry, separate, or divorce;

• your estate planning documents are updated; or

• your family circumstances change significantly.

A quick review every few years helps ensure your executor will still be able to locate the original document when it is needed.

When Should You Speak With an Estate Planning Lawyer?

You should consider speaking with an estate planning lawyer if:

• you are preparing your first will;

• you cannot locate your original will;

• you believe your original will has been lost or destroyed;

• you are unsure whether your current storage arrangements are appropriate;

• you wish to update your executor or beneficiaries;

• you have multiple properties or complex assets;

• you are concerned that someone may challenge your will; or

• you simply want reassurance that your estate plan is complete and properly organized.

An estate planning lawyer can also help ensure that your will, Enduring Power of Attorney, Personal Directive, and other important documents are coordinated and stored in a practical manner.

How Bridgestone Law Can Help

Preparing a will is only part of effective estate planning. Ensuring that the original document is properly stored and can be located when it is needed is equally important.

At Bridgestone Law, we assist individuals and families throughout Calgary and Alberta with wills, estate planning, probate, and estate administration. We can help you prepare a comprehensive estate plan, explain the advantages and disadvantages of various storage options, and ensure your executor knows how to locate the original will when the time comes.

Proper planning today can save your loved ones unnecessary uncertainty, expense, and delay in the future.