The Estate Organiser

Where Should You Keep Your Will in Australia?

Published 25 September 2026 by Will Kimak.

Keep the signed original of your will somewhere safe, and make sure the person you have named as executor knows exactly where it is. Moneysmart, ASIC's consumer site, says to store your will in a safe place and tell someone you trust where to find it, and it names a fireproof safe at home, your solicitor, the courts or the Public Trustee as the usual places. (Source: moneysmart.gov.au, checked 25 Sep 2026) The part most people underestimate is that the paper original does real work here, and that the options open to you depend on which state or territory you live in. Both are covered below.

Does the original will matter, or is a photocopy enough?

The original matters. When an executor applies for probate, the court generally wants the will itself, and the court then keeps it. The Supreme Court of Victoria answers the question in its probate FAQs in four words: yes, the Court keeps the original will. (Source: supremecourt.vic.gov.au, checked 25 Sep 2026)

The Supreme Court of New South Wales describes the same practice from the other end. Following a grant, it says, the Court retains the original will and all documents filed in support of the application. (Source: supremecourt.nsw.gov.au, checked 25 Sep 2026) The Supreme Court of Western Australia is blunter still, telling people that it will not return the original will, and that it retains the original as a public document in safe custody. (Source: supremecourt.wa.gov.au, checked 25 Sep 2026)

So the document sitting in your filing cabinet is not one copy among several. It is the thing your executor has to produce.

What happens if the original cannot be found?

This is the reason storage is worth ten minutes of your attention. Where a will was last known to be in the will maker's own hands and cannot be found after their death, the court does not simply accept a photocopy. It starts from the assumption that the will maker destroyed it on purpose.

The Supreme Court of Victoria states the rule plainly: generally, where a person held their will but it cannot be found on their death, the Court will presume the testator destroyed it with intention to revoke it. (Source: supremecourt.vic.gov.au, checked 25 Sep 2026) The Victoria Law Handbook, published by Fitzroy Legal Service, puts the same doctrine in everyday words, saying that if a will disappears in the custody of the will maker, there is a rebuttable presumption that the will has been revoked by destruction. (Source: thelawhandbook.org.au, checked 25 Sep 2026)

Rebuttable is the important word. The presumption can be argued away, but somebody has to do the arguing, and that somebody is your executor. In Victoria, applying to prove a copy of a will means filing an affidavit of due execution from the witnesses where possible, evidence of the will's last known whereabouts, an account of the searches that were made, and evidence relied on to rebut the presumption of revocation. (Source: supremecourt.vic.gov.au, checked 25 Sep 2026)

That is a slower and more expensive application than a straightforward one. A lost original does not automatically mean the will fails, and it does mean your family may have to prove something that a findable piece of paper would have settled on its own.

Can you deposit your will with the Supreme Court?

In some places, yes, usually for a fee, and this genuinely varies across the country.

In New South Wales, the Supreme Court says any person can voluntarily deposit their will with it for safe keeping on payment of the relevant fee. (Source: supremecourt.nsw.gov.au, checked 25 Sep 2026) Victoria has a similar arrangement, with the Probate Office accepting wills for deposit for a fee under section 5A of the Administration and Probate Act. (Source: thelawhandbook.org.au, checked 25 Sep 2026)

The Australian Capital Territory has gone the other way. Its Supreme Court says that as of 11 June 2025 it no longer provides a service for the depositing and storing of wills, and that wills previously deposited with the Court were to be progressively transferred to the Public Trustee and Guardian, a process it expected to be complete by 30 June 2025. Anyone looking to uplift a will deposited with the Court before then is directed to contact the Public Trustee and Guardian. (Source: courts.act.gov.au, checked 26 Sep 2026)

We have not been able to confirm a current court deposit service in Queensland, South Australia, Western Australia, Tasmania or the Northern Territory from those registries' own published pages, so treat this as a question to ask your local registry rather than something to assume either way.

Does the Public Trustee store wills, and is it free?

Often, and the terms differ by state. A few we were able to confirm from the bodies' own pages:

Queensland, South Australia, Western Australia and the Northern Territory all have public trustee bodies, and we could not read their current storage terms directly from their websites while writing this, so we are not going to quote figures we have not verified. A phone call to your own state's public trustee will settle it in a few minutes, and the question to ask is whether storage is free, and whether free depends on them preparing the will or being named as executor.

Is a bank safe deposit box a good idea?

It is secure, and security is not the only thing that matters here. The question worth asking is who can open the box, and when.

Banks set their own rules. BankSA, as one published example, says that a will held in a deceased customer's safe deposit box can be retrieved by an executor or an authorised nominee of the executor, in the presence of two bankers, and only once the bank has at least one of its accepted proofs of death.

Read that carefully and the awkward shape of it appears. The person who needs the box opened may be asked to show that they are the executor, and the document that shows they are the executor can be the one inside the box. It is not an unsolvable problem, and it is a delay at the exact moment your family has the least patience for one. If you do use a box, tell the bank in advance what its process is, and tell your executor what you were told.

What about a fireproof safe at home?

Moneysmart lists it as a legitimate option, alongside a solicitor, the courts and the Public Trustee. (Source: moneysmart.gov.au, checked 25 Sep 2026) Home storage keeps the will in your own hands, which suits people who would rather not lodge personal documents anywhere.

The catch is the one nobody thinks about until it happens. If the safe is locked and the combination died with you, the safe has done its job a little too well. Whatever you choose at home, the opening instructions need to sit somewhere your executor can reach.

Who actually needs to know where it is?

Your executor, first and foremost. NSW Trustee and Guardian's own recommendation is to tell your executor where your will is stored, so that the executor can contact them to retrieve it. (Source: nsw.gov.au, checked 25 Sep 2026) Moneysmart's wording is broader, saying to tell someone you trust where to find it. (Source: moneysmart.gov.au, checked 25 Sep 2026)

Telling somebody where the will is kept is not the same as telling them what is in it. You can hand over the location and say nothing about the contents, and most people find that a far easier conversation than the one they were dreading.

A short checklist you can work through this week

None of this is advice about your circumstances. It is the list of things that can be checked without an appointment or a fee.

  1. Put your hands on the original. Not the copy, not the scan. Confirm the signed document exists and that you know where it is right now.
  2. Check the storage is dry and secure. Damp cupboards, garages and car gloveboxes have all claimed wills.
  3. Ring your state's public trustee. Ask whether they store wills, what it costs, and whether free storage depends on them preparing the will or being named executor.
  4. Ask your solicitor whether they hold it. If a solicitor prepared the will, they may already have the original in safe custody, and your family will need the firm's name.
  5. Tell your executor the location. One sentence, said out loud, is enough.
  6. Write the location down somewhere your family will look. A will nobody can find is the problem this page exists to prevent.

Where does this leave your family?

A solicitor handles the legal corner well, and the will itself is genuinely worth paying for. The trouble is that the will is one document, and knowing where it lives is a separate piece of information that lives only in your head until you write it down. So is everything around it: which bank, which super fund, which insurer, who to ring first.

That part is a kitchen table job you can do yourself for a fraction of what guided help costs. If you have been named as someone's executor, the free Executor Toolkit walks through the first twelve months. If it is your own affairs you are sorting out, The Estate Organiser is one place to record where the will is kept, along with the accounts, policies and wishes your family would otherwise have to hunt for. It is a book you fill in on your own computer or by hand, so what you write stays with you rather than on somebody's website.

Common questions about storing a will in Australia

Where is the best place to keep your will in Australia?

There is no single right answer, and the options differ by state. Moneysmart says to store your will in a safe place and tell someone you trust where to find it, naming a fireproof safe at home, your solicitor, the courts or the Public Trustee as places people use. Several public trustee bodies store wills, some free of charge, and in New South Wales and Victoria the court itself accepts wills for deposit for a fee.

Does the court need the original will, or will a copy do?

Courts generally want the original. The Supreme Court of Victoria says in its probate FAQs that the Court keeps the original will. The Supreme Court of New South Wales says that following a grant it retains the original will and all documents filed in support. The Supreme Court of Western Australia says it will not return the original will and retains it as a public document in safe custody.

What happens if nobody can find the original will?

The court starts from a presumption against it. The Supreme Court of Victoria says that generally, where a person held their will but it cannot be found on their death, the Court will presume the testator destroyed it with intention to revoke it. That presumption can be rebutted, but the executor has to do it, which in Victoria means filing affidavit evidence of the will's last known whereabouts, the searches made, and the grounds for rebutting revocation.

Does the Public Trustee store wills for free?

It depends on the state and on the conditions attached. State Trustees describes Victoria's Will and Powers of Attorney Registry as a free service offered to all Victorians. NSW Trustee and Guardian's WillSafe is free for clients who appoint it as executor or attorney, with a fee otherwise. Tasmania's Public Trustee offers free storage where the documents are prepared with them. The ACT Public Trustee and Guardian charges a one-off fee per will, quoted on its website at $228.

Should you keep your will in a bank safe deposit box?

It is an option, and the practical question is who can open the box after you die. Banks set their own requirements. BankSA, as one published example, allows retrieval by an executor or an authorised nominee in the presence of two bankers, once the bank has an accepted proof of death. Since proving you are the executor can depend on the will itself, ask your bank what its process is before you rely on a box.

Related guides

Keep reading: what is probate?, what does an executor do?, what happens if you die without a will, and does a will cover everything?.

Educational content only. Not legal, financial or tax advice. Estate laws vary across Australian states and territories. Always consult a qualified professional about your specific situation.

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