When it comes to estate planning, one of the most common questions people ask is:
“Who should have a copy of my will or trust?”
It may seem logical to give copies to family members or beneficiaries, but as an experienced estate planning attorney in Charlotte, North Carolina, I recommend otherwise.
In this post, we’ll walk through why keeping your estate planning documents private is often the wisest choice and what you should consider before sharing them.
Why You Shouldn’t Hand Out Copies of Your Will or Trust
1. You Might Change Your Mind
Estate planning is not a one-time event.
Your personal, financial, and family circumstances evolve over time. You may update your will or trust to reflect:
- Changes in beneficiaries
- New family dynamics (marriage, divorce, birth)
- Shifts in financial priorities
- Tax planning strategies
If you’ve already handed out copies of an older version, outdated information could cause confusion or even disputes later.
Example:
Imagine you once named a sibling as a beneficiary, but later revised your plan to allocate assets differently. That sibling, holding an outdated copy, might feel blindsided or even challenge the updated document.
2. Privacy Matters — While You’re Alive
Your will or trust contains sensitive information about your assets, debts, and distribution plans.
While you’re alive, there’s no legal requirement to disclose this information to anyone outside of your chosen advisors (like your attorney).
Remember:
- A will becomes public record only after death.
- Until then, your plans are your business and yours alone.
Sharing details prematurely can lead to unnecessary family drama, entitlement issues, or false expectations.
3. It Doesn’t Need to Be Recorded Anywhere (Yet)
Unlike deeds or certain business documents, wills and revocable trusts do not need to be recorded with a court or government office while you’re alive.
They simply need to be stored securely and made accessible to your chosen executor or trustee when the time comes.
Who Should Know Where Your Documents Are?
While I don’t recommend giving out physical or digital copies, it is important that trusted individuals know how to access your documents when necessary.
Consider informing:
- Your chosen executor (for your will)
- Your successor trustee (for your trust)
- Your attorney
- A trusted family member (for location awareness, not content)
They don’t need copies now but they should know where to find them when needed.
What If You’ve Already Given Out Copies?
If you’ve shared copies of your will or trust in the past, don’t panic. You have a few options:
- Re-evaluate who has them and why.
- Collect and destroy outdated copies if possible.
- Communicate clearly about potential updates though discretion is key.
- Consult your attorney for a strategic approach moving forward.
Plan Today, Because Tomorrow Isn’t Promised
Estate planning is not just about documents, it’s about protecting your wishes, your loved ones, and your peace of mind.
Making thoughtful decisions about who has access to your will or trust is a crucial part of that process.
If you’re ready to create, review, or update your estate plan, we’re here to help.
👉 Schedule a consultation with Sabrina Winters, Attorney at Law, PLLC today.
Visit www.sabrinawinterslaw.com to self-schedule online.