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Business 2 Business column: But where’s the will?

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Your Will is confidential. It is entirely a matter for you where it is kept so it is safe and can be located.

There is no government register of Wills made in Queensland.

It is not uncommon for a person to pass away and for their original Will to be missing but for a copy to exist.

In these circumstances, careful consideration needs to be given as to why the original Will cannot be located.

Is it because it has been destroyed by the Will maker or simply been misplaced?

It is possible for a Grant of Probate to be obtained of a copy. However, it involves an Application to the Court.

The Court needs to be satisfied of various matters. These include:

  • the extent of the searches and inquiries carried out to locate the original; and
  • that the Will maker did not decide to revoke it.

Any Application to the Court can be costly and potentially involve a large number of parties: for example, people who may benefit if:

  • The Will “exists”; or
  • There is no Will.

If you have made a Will, at the very least inform your executor where the original is.

Trent Wakerley, Director, Kruger Law, Level 3, Ocean Central, Ocean Street, Maroochydore, 5443 9600, krugerlaw.com.au

This column is part of our Business 2 Business (B2B) series featuring industry leaders sharing their expertise. For more great articles, SUBSCRIBE to our FREE news feed, direct to your inbox daily. All you need to do is enter your name and email below.

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