Depositing a Will with the Supreme Court of NSW
Section 51 of the Succession Act 2006 governs this process. Any person can voluntarily deposit their Will with the Supreme Court of NSW for safe keeping, upon payment of the relevant fee.
To deposit a Will with the Court the testator (that is, the Will maker) must ensure that the Will is correctly executed. A correctly executed Will must be signed by the testator in the presence of two witnesses present at the same time who then attest and sign the will in the presence of the testator. Any alterations must be initialled by the testator and both witnesses at the time of execution: see sections 6 and 14 of the Succession Act 2006.
Any Will to be deposited with the Court must also be secured in a sealed envelope with the following details on the envelope:
- the testator's name and address as they appear in the Will;
- the executor(s) name and address as they appear in the Will;
- the date of the Will; and
- The name of the person or legal firm depositing the Will on behalf of the testator.