Tuesday, 11 February 2014

My wife and I, have written up a will and would like to keep it in a bank locker.We have not registered it, Is it necessary to register a wi...

Question

My wife and I, have written up a will and would like to keep it in a bank locker.

We have not registered it, Is it necessary to register a will?



Answer

No. There is no requirement to file the will with the Surrogate's Court. However, I would not keep a will in a safety deposit box with the bank since, upon death, the bank immediately stops all access to documents. Also, I hope you and your wife drafted a will using an attorney. If you tried to do it yourself, more than likely the court will find the will invalid.

Mike.



Answer

You may file a will with the Surrogate's Court for a nominal fee. I agree with the previous attorney that you should use a competent attorney to assist you in drafting a valid will.



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