Does the attorney who draws up a Will, keep a copy in his/her files?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does the attorney who draws up a Will, keep a copy in his/her files?
Asked on August 13, 2013 under Estate Planning, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
An attorney may keep a copy of a Will in their files but is not required by law to do so. The fact is that the safest place to keep the original copy of your Will is in a bank safe deposit box. However, it may not always be the most practical place since it may be difficult for your family to access the box after your death. Another option is to keep it at home in a fire-proof safe (just make sure your family knows how to open it). Also, you may file your Will in your local probate or surrogate's court for safekeeping. It is usually not a good idea to give a copy to family members or friends because you may want to change the distributions at some point.
Note: If your attorney does keep the original copy of your Will, make sure they receive updated contact information from you if you move (and an updated copy, if applicable). Additionally, if you update your Will, make sure that you also file it with the court if there is already a previous Will on file there.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.