How To Get Your Original Will from an Attorney

Attorneys will sometimes keep a client’s original will in their file. Years later, a client may want to obtain this will because they have moved or changed attorneys and want to revoke their old will.  The best way to obtain your original will from an attorney who has it is to send a request to them in writing. This way, they have a written record that you requested it, instead of just a telephone call.

If you are trying to obtain the will of a person who has passed away because you are the named executor, the attorney will most likely require a written request along with a certified death certificate. The attorney will most likely only release the will to the named executor, since the executor is responsible for filing it with the Court.

If you are trying to obtain the will of a person who has not passed away, you are probably out of luck. Even if you are the named executor or think you may be named as a beneficiary in the will. This is because the person whose will it is is protected by confidentiality guidelines.  If for some reason they want you to have a copy of the will, they will need to request it in writing from the attorney.

If you cannot located the attorney who had your will because they passed away, retired or moved their office, you can check with the Board of Bar Overseers (or a similar organization in your state) to find out where their new office is, or who may have taken over their files when they retired or passed away.

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