why does a lawyer need an original will in a lawsuit

Courts will accept a will copy if the original has been lost, accidentally destroyed, or is unobtainable, for example, the lawyer who has it went out of business or is totally unresponsive to requests for the will.

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Can a lawyer deliver the original will?

A lawyer may instead deliver the original will to the client, along with appropriate advice concerning its safekeeping. Nevertheless, safekeeping the client’s will remains an appropriate function for a lawyer to perform, and many lawyers do it (though not as many as in years past).

Do lawyers store clients'original Wills?

Many, though not all, attorneys, provide this service to their clients as an accommodation. Attorneys who are willing to store clients' original wills typically have excellent document storage systems.

When does a lawyer have to preserve an original will?

When a lawyer does agree to preserve an original will for safekeeping, the lawyer “must keep custody of it until the client requests it or the lawyer is legally obligated to produce it.” Absent any agreement to the contrary, there is ordinarily an “implied understanding”...

What happens to the original will if the client keeps it?

Therefore, if the client keeps the original Will, it’s important to know where it is, and even more important for the Executor to know where the original Will is. He or she will need to lay their hands upon it to offer it for probate. 2. Client gives it to somebody else.

Does will have to be original?

So it's important to have an original version of a will. Probate courts want the original document and will not accept a copy if the location of the original is known.

Who usually keeps original will?

The most likely person to hold the document is the Executor selected in the Will. For example, a client names her adult daughter as the Executor of her Will. The client gives her adult daughter the original Will and tells her that she will need to bring this to the probate court upon her death.

Is a copy of a will valid?

The following proof is required in order to establish the validity of the copy of a will for purposes of probate: The testator is deceased. The testator created and executed the will and the document fulfills the requirements of a valid will. The contents and substance of the will are valid.

Should I have a copy of my will?

A will is a private document. As such, its not necessary when you make one to register it or provide a copy of it to any organisation. Some people do, however, to make it easier for executors to find it and follow it. Some registers only tell you where it is stored, not what the contents are.