Law Society Wills Register
At Your Estate Lawyer, we don't believe wills should be kept a secret, which is why we have a standard policy to register your documents on the Law Society of South Australia's Wills Register.
An initiative of the Law Society's Success and Elder Law Committee, the Wills Register provides a centralised register of the location of South Australian wills.
HOW THIS HELPS YOU
The Wills Register allows currently practising legal practitioners to quickly track down lost wills (if they have been registered).
This information is helpful if an executor is unable to locate the will of the deceased or is unsure if the copy they have access to is the most up-to-date version.
DISCLOSURE OF PERSONAL INFORMATION
We will advise the Law Society of South Australia that you made a will with us and submit the information that will be recorded in the register, including:
- First Name
- Middle Name/s
- Surname
- Date of Birth
- Date of Will
- Version (the original will, a copy, or drafted only - no copy held)
A physical copy of your will is not submitted to the Law Society and will be kept as per your instructions (with us in our secure fireproof safe, or held by you).
CONSENT
Under the Privacy Act 1988 (cth), Legal Practices with a turnover of $3m a year or more are obliged to inform their clients that their personal information will be provided to the Law Society of South Australia for the purpose of listing their will on the Wills Register.
In addition, all clients have a right to legal professional priviledge and therefore consent of the client needs to be obtained to record their will on the register.
If your will was created prior to 1st December 2019 and we have not been able to contact you for consent, despite having taken reasonable steps to do so, the will can be added to the register without receiving consent (as per section 95E of the Legal Practitioners Act 1981(SA)).
FURTHER INFORMATION
Further information can be found on the Law Society of South Australia website HERE.