[WSBAPT] Original Wills

[Thomas M. Culbertson]

The practice of attorneys keeping original wills seems to be increasingly frowned upon (by the WSBA, some E&O carriers, my partners who wonder why we pay for all these large safe deposit boxes), but I still think the clients are best served by us keeping them. I give my clients the choice and I bet 98% opt to have us keep them.  Clients can't be trusted to keep them (at home, I can't either), and there is always the risk of a black sheep family member getting a hold of it when Mom goes to a nursing home or hospice. I have had more than one family member tell me that "I know Mom had a will which disinherited brother, but I can't find it anywhere." 

One possible solution I've toyed with. A lost original is presumed to have been destroyed with intent to revoke, but as we all know the presumption is rebuttable. If we as a firm had a policy of destroying all original wills more than ___ years old but keeping a digital copy, wouldn't an affidavit to the effect that that's why the original is gone be more than enough to overcome the presumption?  If I time things right, my firm will adopt such a policy and not have to present such an affidavit until sometime after I retire.   

________________________________________
THOMAS M. CULBERTSON  I  Lukins & Annis, PS
717 W. Sprague Ave, Suite 1600, Spokane, WA 99201
(509) 455-9555  I  fax (509) 363-2500  I  tculbertson at lukins.com 


-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Monday, March 07, 2016 9:11 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Original Wills

Good morning all.

Having assisted in the wrapping up of two practices of attorneys who died, and dealing with original documents of clients who have moved, etc, I have learned that the practice of sending ALL original wills and other documents home with the client serves them best.  The alternative would be filing in the court's Will Repository.  I always include in my conversation with clients, at the time of execution of the documents, a detailed conversation about where to keep their originals, essentially giving the advice that I have seen many give in this thread.  Also, I cannot count the number of clients who are not able to retrieve originals from prior attorneys because the attorney retired or change firms, etc.   I have also seen unethical attorneys who simply keep the originals as a veiled marketing strategy, since clients then have to to come back to them when in need of updates, probate, etc. 

Just my opinion on the subject after (what I hate to admit are) decades of experience... ;)

Melinda Grout

 

_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt


--
This message has been scanned for viruses
and dangerous content by Lukins & Annis, P.S.

NOTICE: This email may contain confidential or
privileged material, and is intended solely
for use by the above referenced recipient. Any
review, copying, printing, disclosure, distri-
bution, or any other use, is strictly prohibited.

If you are not the recipient, and believe that
you have received this in error, please notify
the sender and delete the copy you received.

Thank You!