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Whereís your will?

Warren Wackerling Ė 14 June 2013

Too often I hear people say they have made a will, but they donít know where the original is held.In Australia, there is no central registry for keeping wills.Some online commercial facilities charge a fee for keeping details of a personís will, which can be searched for a fee.

The best practice is simple - tell your executors youíve made a will and appointed them as the executor.You donít have to give them a copy of the document, but it is important they know where the original is kept.

Just as important, you should review your will every 2 to 3 years to ensure it accords with your current wishes.Births, deaths and marriages of family or friends may change your wishes in that time.It calls also as an important reminder, to ensure you know the whereabouts of your will.

Powers of attorney

A power of attorney is just as important to know where the original copy is held.If your attorney needs to rely on the document as evidence of their appointment as attorney, they need to know where the original is kept.If your attorney is to sign property related documents which require registration in the Titles Office of the Department of Natural Resources and Mines, then the power of attorney must also be registered with the Titles Office.

The Powers of Attorney Act 1998 (Qld) prescribes how a certified copy of an original power of attorney must be Ďcertifiedí, so that each page must bear the certifierís stamp, not just the first page.It is a personal choice whether to give the attorney a certified copy, however, keep in mind you choose them and appointment them, intending that they have the power to act on your behalf.

What now?

Whereís your will or power of attorney?Does your executor or attorney know where the original is kept?

Take the time today to remind your executor they have been appointed, or your attorney, and where your original will or power of attorney is kept.

If you donít have a will, then act now to take the first step to making a will.Call or email me today to help make it easy.