Law Practice Essentials

Original wills and other testamentary documents should not be destroyed. The will preparation file should be kept for at least ten years past the date on which probate is completed. Disappointed beneficiaries can pursue litigation against lawyers for negligence in drafting testamentary documents. In the case of wills, the limitation period for such claims may only arise after the testator has passed away and the beneficiaries become aware of the will’s terms.  

To mitigate the risks associated with indefinite storage obligations, it is recommended that lawyers return original wills and related documents to clients. A lawyer who decides to store wills must use a safe and secure means of storage, such as a vault or fireproof cabinet. It is also important to be aware of the Ethical Considerations Regarding Requests for Wills.  

Lawyers should similarly approach storage of clients’ originally executed documents or agreements falling into other categories. Lawyers should make a note on the file when they have stored the client’s original documents and approach destruction of the file with caution. The Practice Advisors can assist lawyers in addressing this issue.