In an attempt to help families find important documents during stressful and difficult periods of grief, the ACT wills register has expanded to include wills previously held by the ACT Supreme Court.

However, a legal expert on wills says while the change is meant to streamline the process, it essentially just means there is one less place to check when one is searching for a will.

In June, the ACT Public Trustee and Guardian (PTG), which maintains the wills register, announced it had received all of the wills that used to be held by the highest court in the Territory.

“This change brings together a significant number of wills that were previously stored across separate institutions into a single, central register,” a spokesperson for the public trustee said.

ACT Public Trustee and Guardian Robyn Hakelis said the handover represented a milestone in modernising how vital documents were safeguarded and accessed.

“This collaboration ensures wills are protected in a single, secure register, giving families greater confidence that these important documents can be located when they are needed most,” she said.

MV Law partner Tanya Herbertson said the handover was meant to streamline the process of finding a person’s will.

“In reality, whilst it does mean that a person no longer needs to search the court for a will, it does not make the whole process that much easier for families who are trying to navigate a difficult period of loss,” she said.

“It just means one less place to check when one is searching for a will.

“A comprehensive, national register of wills would be much more useful but unfortunately such a thing does not exist in Australia for various reasons.”

Ms Herbertson said if someone’s will had been moved from the Supreme Court to the public trustee, they did not need to take any action.

But they can ask to retrieve their will at any time, or draft a new will with a private solicitor, which then revokes the old will.

“If the will maker has died, then family members or the appointed executor should contact the PTG to locate the original will and can either instruct a private solicitor or the PTG to assist with administration of the estate,” Ms Herbertson said.

“Regardless of whether the will remains with the PTG or is retrieved and kept at home or with a private law firm, it is always good practice to inform your appointed executor of the location of your will.”

ACT Supreme Court registrar Jayne Reece (left) and ACT Public Trustee and Guardian Robyn Hakelis pictured during the handover of wills previously held by the Supreme Court. Photo: ACT Public Trustee and Guardian.

The ACT wills register now includes wills prepared or held by the public trustee as well as wills transferred from the Supreme Court, but does not include wills held by private law firms or other organisations unless they are formally deposited with the public trustee.

“If you have a copy of the deceased person’s will and it has details of the law firm who prepared the will, then you can reach out to that firm as many firms will hold original documents in safe custody for no charge,” Ms Herbertson said.

“In some cases, these firms may no longer exist and you would need to enquire with the law society in your state or territory as they keep track of where firms have transferred their safe custody documents.

“You can also publish a ‘missing will notice’ through the ACT Law Society to alert local practitioners who may hold the will.”

In addition to the handover, the public trustee said it had engaged with ACT Legal Aid about the future transfer of its historic wills collection.

“A secure and accessible wills register helps remove unnecessary stress by ensuring important documents can be found quickly and with certainty,” Ms Hakelis said.

The public trustee encouraged Canberrans to speak with a lawyer or community legal centre to begin or revisit their estate planning.

Ms Herbertson said a person should begin their estate planning as early as they could, regardless of their age or health.

“It is significantly easier on the family and friends of a person who has passed away, if there is appropriate estate planning, including a will, in place,” she said.

“It is also a good idea to revisit your estate planning if you undergo significant life changes such as getting married, getting divorced, having children, or your children becoming adults.

“Another instance may be if your assets change significantly, requiring more complex succession planning.”