Disclaimer — This article provides general educational information only and does not constitute legal, financial, or tax advice. Charitable-gift rules…
Disclaimer — The following material is for general educational purposes only and does not constitute legal advice. Legislation and court practices can change. Queensland residents should obtain personalised guidance from a solicitor before deciding where to store their will.
Why the Original Will Matters
The Supreme Court of Queensland requires the executed original will before it will issue a grant of probate.
If the original cannot be produced:
- the executor must prove the copy is authentic, usually with costly affidavits and expert evidence
- probate may be delayed by months, freezing bank accounts and property sales
- the Court might conclude the testator destroyed the will intentionally, revoking it and triggering intestacy rules
In short, a lost or damaged will can rewrite your estate plan and drain estate funds in legal fees.
Risks of Poor or Casual Storage
| Risk | Potential Outcome for Your Estate |
|---|---|
| Misplacement during a house move | Executor cannot locate the document; emergency searches delay probate |
| Water, fire, or vermin damage | Signatures become illegible; Court may refuse to admit the will |
| Accidental shredding by family | Intestacy rules override your wishes, altering who inherits |
| Unauthorised tampering | Allegations of fraud or undue influence spark litigation |
Secure Storage Options for Queenslanders
| Option | How It Works | Advantages | Drawbacks |
|---|---|---|---|
| Solicitor’s safe-custody vault | Most firms hold clients’ originals in fire-rated safes at no extra charge | Professional oversight; easy retrieval; solicitor already knows where the will is | Executor must know which firm holds the will |
| Public Trustee of Queensland ‘Will Safe’ | Free storage if the will is drafted by the Public Trustee (fee if not) | Government-run vault, strict security | Access only on formal proof of death; may not suit complex estates |
| Supreme Court of Queensland Will Depository | One-off filing fee; Registry keeps the document | Highest level of protection; details searchable | Retrieval involves Registry process; becomes public record after probate |
| Bank safe-deposit box | Original stored in personal vault box | High physical security | Box is sealed at death; executor may need a court order just to open it |
| Fire-rated home safe | Will kept on your property in a rated safe | Immediate access for family | Vulnerable to theft, flood, forgetting the combination |
| Encrypted digital vault (copy only) | Scanned copy stored online | Easy sharing; backup against fire/flood | Copy is insufficient for probate—must still protect the original elsewhere |
Best-Practice Tips
- Tell your executor—in writing—who holds the original and how to retrieve it.
- Avoid staples, paperclips, sticky notes, or folding; the Registry scrutinises signs of tampering.
- Store Enduring Powers of Attorney and Advance Health Directives with the will so everything is found together.
- Review storage whenever you move house, change solicitors, or update the will.
- Consider voluntary registration of your will’s location on Australia’s National Will Register to help executors track it down.
Common Mistakes
“I scanned the will, then tossed the paper copy.”
A PDF alone will not satisfy the Probate Registry without costly proof that destruction was accidental.
“My will is in the bank’s vault—safe as houses.”
The bank freezes the box when you die; your executor needs formal authority or a court order to open it, causing delay.
“Everyone knows it’s in my desk drawer.”
Family cleaning up after the funeral may discard “old paperwork.” Treat the original like a title deed or passport.
Real-World Example
After a severe summer storm in Townsville, a leaking roof soaked a wardrobe containing a couple’s original wills. Ink bled across signatures and pages stuck together. The executor had to apply for court orders under section 18 of the Succession Act 1981 (Qld) to prove the damaged wills were genuine—legal fees exceeded $9 000 and probate was delayed four months. The entire expense could have been avoided with professional vault storage.
Frequently Asked Questions
Can I keep the will at home if it’s in a fire-proof safe?
Yes, but ensure the safe has an adequate fire rating (at least 1050 °C for one hour) and that someone besides you knows the access code.
Should I give beneficiaries copies?
Copies can prevent “lost-will” accusations, but consider privacy—revealing gift sizes early may fuel disputes in blended families.
Does the Court’s depository make the will public?
Not while you are alive. After probate, wills become part of the public probate file regardless of where they were stored.
Key Take-Aways
- The Probate Registry wants the original will; a copy is rarely enough.
- Professional storage—solicitor vault, Public Trustee safe, or Court depository—offers maximum security and easy retrieval.
- Home or bank storage works only if the executor can access the document quickly and it’s protected from disaster.
- Inform your executor, avoid physical damage, and review your storage decision whenever your circumstances change.
Sources / References
- Succession Act 1981 (Qld) — sections on proving informal or damaged wills
- Uniform Civil Procedure Rules 1999 (Qld) — probate filing requirements
- Public Trustee of Queensland — Will Safe information sheet (accessed July 2025)
- Supreme Court of Queensland Probate Guide (2025 edition) — guidance on original-will requirements
- Australian Property Institute — standards for fire-rated document storage boxes