You finally got around to making a Will. Now you can breathe easy knowing that the hardest part is over, but don’t check estate planning off your to-do list just yet. Do you have a safe place to store the original?
When the Original Will Can’t Be Found…
In North Carolina, your original, signed Will is what the probate court requires after your death. A photocopy usually isn’t enough. If the original cannot be found, the law of our state presumes that the person who signed the Will revoked it, even if they didn’t. The only way to overcome this presumption and be able to probate a copy of the Will, is to offer the court sufficient evidence to show the Will was lost, not revoked. This can be time-consuming and result in additional legal expenses.
Often, there simply is no explanation whatsoever about how the Will went missing. If this presumption cannot be overcome, your property could end up being distributed as if you didn’t have a Will, and the state default inheritance rules apply.
This situation happens quite frequently. Wills get misplaced during moves, accidentally thrown out, or left in a safe deposit box no one can access. Families often don’t realize there’s a problem until it’s too late.
Safekeeping Tips to Protect Your Will
The good news is that it’s easy to prevent. Keep your Will in a clearly labeled, fire-safe location, and let your executor or trusted family member know exactly where it’s stored. Avoid hiding it in places that are hard to reach or easy to overlook. And be cautious about putting it in a bank safe deposit box unless someone else has authorized access after your death.
A few simple steps today can spare your loved ones confusion, legal expense, and heartache later. After all, your Will can only speak for you if it can be found.
Author: Amy Shue Isaacs, Estate Administration & Probate Attorney
The McIntosh Law Firm
(704) 892-1612