In a world that’s increasingly paperless, you’re likely becoming accustomed to conducting a variety of transactions digitally. But when it comes to your last will and testament, only an original, signed document will do.

A photocopy isn’t good enough

Many people mistakenly believe that a photocopy of a signed will is sufficient. In fact, if a probate is necessary, Utah requires that a deceased’s original will be filed with the probate court. If your family or executor can’t find your original will, there’s a presumption that you destroyed it with the intent to revoke it. That means the court will generally administer your estate as if you’d died without a will.

It’s possible to overcome this presumption — for example, if all interested parties agree that a signed copy reflects your wishes, they may be able to convince a court to admit it. But to avoid costly, time-consuming legal headaches, it’s best to ensure that your family can locate your original will when they need it.

Storage options

There isn’t one right place to keep your will — it depends on your circumstances and your comfort level with the storage arrangements. Wherever you decide to keep your will, it’s critical that 1) it be stored safely, and 2) your family know how to find it. Options include:

• Having your accountant, attorney or another trusted advisor hold your will and making sure your family knows how to contact him or her, or
• Storing your will at your home or office in a fireproof lockbox or safe and ensuring that someone you trust knows where it is and how to retrieve it.
• Having a third-party storage service, such as DocuBank, store your documents and provide them to people you authorize at your death.

Storing your original will and other estate planning documents safely — and communicating their location to your loved ones — will help ensure that your wishes are carried out. Contact us if you have questions about other ways to ensure that your estate plan achieves your goals.

Marianne Ludlow and Shawna Doughman Group focuses on securing your future, family & business through estate planning and business planning, including wills, trusts, powers of attorney, trust administration, and business planning contracts and agreements. Our offices are located in Lehi and Salt Lake City, Utah and we serve clients in Utah and Salt Lake Counties, including American Fork, Draper, South Jordon, Highland, Alpine, Cedar Hills, Lindon, Sandy and Orem.  

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