Storing a will for safekeeping
Wills are important private and confidential documents which take legal effect on the death of its maker. An original will should be stored in a safe and secure place after being signed and witnessed. Ideally the place should be fireproof, and protected from tampering or destruction.
Willmakers should consider their personal circumstances, family and other relationships when considering storage options. In some situations storing a will at home is not advisable if it is likely persons adverse to what it contains can access it.
And make sure you inform your nominated executors or legal personal representatives of your original documents.
Disposing property – what can be disposed of by a will and what can’t – property ownership and control issues
Only personally owned property may be dealt with by a will.
Disposing property by will, in the will-making process requires considerations to be given to what you own in your individual name, as opposed to what you might control, see further below. As only property owned in a personal or individual name can form a deceased estate, it is only this which can be transferred by will, (or the rules of intestacy).
Other property may be owned in the name of a company or trust. In these entities an individual may have controlthrough shareholdings or a power of appointment. When it comes to making a will, it is important to remember that such assets won’t form part of a person’s deceased estate and therefore cannot be disposed by their will. See the table below for examples of what are estate (disposable by will) and non-estate assets. Making a list of property, money and things to be disposed of and who owns what is important. More →