Let’s first start where NOT to keep your Will. We recommend to our clients NOT to keep their original Will in a safe deposit box. The reason for this is in order to gain access to the safe deposit box, the banks generally require some type of order from the court. An order from the court adds on not only delay, but an expense that is not necessary.
We always recommend that our clients keep their original Will in a type of fire proof lock box or safe that they have in their home. It is important that the original Will be kept in a safe place where access is not easily gained by family members or friends. The reason for this is if a family member or friend gains access to the original Will and tears it up, there is a presumption that you revoked it. Although in the state of Texas a copy of a Will can be probated, the applicant that is generally named executor, must first overcome the presumption that the Will was in fact destroyed or revoked.
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