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 Willmaker 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 including:

  • the extent of the searches and enquiries carried out to locate the original; and
  • that the Willmaker 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:

  1. the Will “exists”; or
  2. there is no Will.

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