Once you've taken the step to create a will and get your estate plan in order, you need to figure out what to do with the will itself.

Keeping track of the location of your current will – as well as any old wills – can be crucial. Old wills should usually be destroyed, but there are rare circumstances under which you might want to preserve the originals or just copies.  You want to ensure that your loved ones know how to find the most recent versions of your will and other estate planning documents. This way, they can easily access important information they may need to manage your affairs when you pass away.

Likewise, if you ever were to suffer a serious injury or illness and become unable to communicate your wishes, knowing that your loved ones could locate your most essential documents can offer you peace of mind.

Who Should Keep the Original Copy of a Will?

The original will is typically kept by the person who created it, known as the testator. However, it's wise to store it in a theft-protected and fire-protected place. Some people choose to give a copy to a loved one or to the nominated executor to ensure that it can be easily accessed when necessary. Clear communication about its location is essential to avoid confusion later.

Where to Keep a Will

We at Cumberland Legacy Law do NOT recommend storing wills in bank safety deposit boxes for several reasons, one of which is it may be difficult for your family members to access the box after you die. A better option is to keep it at home in a fireproof safe.  Just make sure your loved ones know where you keep the safe and how to open it.

We at Cumberland Legacy law also do not recommend storing your original estate planning documents with your attorney. Many an attorney has died or retired leaving it extremely difficult for heirs of clients to find and retrieve original wills.

If you do use a safe deposit box or your attorney's office (neither of which is recommended), you may want to keep a copy of your will at home with your other financial and estate planning documents. Giving a copy to family members or friends is an option, but perhaps not ideal. This is because you may want to make changes to the will at some point and may need the will back.

What Do You Do With an Old Will?

There are pros and cons to destroying old wills.  On balance, for most clients, we at Cumberland Legacy Law are in favor of destroying old wills so that one of them does not accidentally or on purpose end up being administered instead of the latest one. 

But there are exceptions.  For example, you may for some reason want your new will invalidated. Perhaps you've experienced a significant life change, such as the birth of a child, or had a falling out with a loved one, and your new circumstances no longer align with your previous wishes. Additionally, you may discover that your new will contains errors or omissions that need correction.

In either case, the court may be willing to reinstate an old will rather than allowing your estate to pass intestate. When an estate passes intestate, it means that the deceased did not leave a valid will. Your state's laws will dictate who receives your money and property. This process often results in outcomes that may not reflect the deceased's true intentions, as the state determines who inherits, potentially excluding loved ones or favored beneficiaries.

In many cases, your old will would adhere more closely to your wishes than an intestate distribution. But if you have destroyed the old will, it cannot be reinstated.

On the other hand, if you have made a major change in your will, by all means, destroy the old one. Otherwise, someone who may have fared more favorably under the old will may argue that you were not competent or were under undue influence when you executed the new will. Also, their feelings may be hurt if they see a change in your sentiments toward them.

Making Changes to a Will

At some point, you may have good reason to make adjustments to your will. For example, you may have finalized a divorce, or a close loved one to whom you hoped to leave your property died suddenly. Whatever the case is, do not mark up your will by hand, even if you have only small changes to make. A court could take a marked-up will as a sign that you intended to revoke the will.

To make a change, contact your estate planning attorney. He or she can assist in drafting a new will.