Why Keeping the Original Will Safe Matters in Kentucky

When we prepare a Last Will and Testament, protecting the original document is critical — and under Kentucky law, it’s even more important than most people realize.

If the original will cannot be found at the time of your death, Kentucky law presumes that you revoked it intentionally. Courts can infer that you destroyed it by physical act — think tearing it up, burning it, or otherwise physically canceling it — even if that’s not what actually happened. That presumption can throw your entire estate plan into doubt and force your family into expensive litigation just to try to overcome it.

Because the original is so important, when we prepare wills at Buckles Law Office, we intentionally make the original special. We use blue ink (so it’s clear which copy is the signed original), quality paper, and deliver it in a clearly labeled, formal envelope — all to highlight its special status and make sure no one mistakes a photocopy for the real thing.

Where Should You Keep Your Original Will?

It’s important to store your will in a safe place — but not someplace inaccessible. For example, a bank safe deposit box might seem secure, but it can become a major hassle to access after death. Without the right paperwork or court orders, your loved ones could face long delays just to retrieve the document they need to start probate.

A few generations ago, it was common for attorneys to hold clients’ original wills. Personally, that’s not a practice I prefer or endorse. Here’s why:

• You should be able to easily review or revoke your will if you want — without jumping through hoops or having to call a law office to get your own document back.
• It creates the risk, or at least the perception, that the lawyer could pressure your heirs to hire them for probate work.

I would love to represent your estate when the time comes — but I want that to be your family’s choice, not an obligation forced by who happens to have the will sitting in their filing cabinet.

The Bottom Line

Once your will is signed, keep the original safe but accessible — and make sure someone you trust knows where it is. A fireproof home safe, a sealed envelope in a known location, or a secure file at a trusted family member’s home are all reasonable options. The key is balance: secure enough that it won’t be lost or destroyed, accessible enough that your executor can actually find it when the time comes.

Careful planning now can save your loved ones a world of trouble later. If you have questions about drafting or updating your Kentucky will, I’m happy to help. Call me at (859) 225-9540 or use the contact form on this site.

Joseph D. Buckles is an attorney at Buckles Law Office, PLLC in Lexington, Kentucky.