If a client asks you to store a will for safekeeping, what is the proper treatment of the document?

• A. Return it to you immediately
• B. Treat the will as client property and safeguard it
• C. Deliver it to the court
• D. Dispose after a period

Answer: (B)

The key idea here is safeguarding client property. When a client asks you to store a will for safekeeping, you must treat the will as the client’s property and keep it secure and under your control for the client’s benefit.

Wills are important and personal documents that the client wants preserved for future use, typically for probate. The lawyer’s obligation is to hold that document in trust, separate from the lawyer’s own property, and maintain it in a secure location. You should also maintain records showing the existence and location of the will and be prepared to deliver it to the client or the client’s executor when appropriate. Prematurely returning it, sending it to court, or disposing of it would undermine the client’s control and the integrity of the safekeeping arrangement.

So, the best practice is to treat the will as client property and safeguard it.