Safeguarding Your Estate Plan: Why Protecting Your Will Is Just as Important as Creating It

When it comes to safeguarding critical estate planning and real estate documents, strong security is not just advisable — it’s essential. These documents represent your wishes, your assets, and your legal authority. If they go missing or fall into the wrong hands, it could unravel years of careful planning.

The Case of the Disappearing Will: A Cautionary Tale

A few years back, a South Carolina family’s probate process turned into a nightmare. After both parents passed away, their adult children began gathering important papers at the family home. What most of the family didn’t realize was that one of the children had been intentionally disinherited in a valid will that their parents had executed years earlier.

Within days of the funeral, that disinherited child quietly gained access to the home. Somewhere in the shuffle, the original will disappeared. When it came time to probate the estate, no one could locate it. And under South Carolina law, without a will, the estate would be distributed according to the state’s intestacy statutes — meaning all children, including the one the parents intended to disinherit, would inherit an equal share.

Though a photocopy of the will was eventually found, the legal battle to have it accepted by the probate court was lengthy, stressful, and costly. Without clear evidence that the will existed at the time of death or proof of what happened to it, the court presumed it had been revoked. Years of thoughtful estate planning were nearly undone by one missing document.

Legal Risk of a Missing Will in South Carolina

South Carolina law takes the safekeeping of estate planning documents seriously. If a person dies and no original will can be produced, the law presumes the testator intended to revoke it, even if copies exist. To overcome that presumption, surviving family members must prove the existence and validity of the lost will, as well as the circumstances surrounding its disappearance. This process is complicated, expensive, and can tear families apart.

It’s a situation that’s avoidable — but only if proper precautions are taken.

Best Practices for Safekeeping Your Estate Documents

To prevent this type of issue, it’s critical to store your original will in a secure, reliable, and accessible location. Here are two recommended options:

Safe Deposit Box at a Bank

This is one of the most secure places to store estate documents. Upon your passing, access to the box is typically limited to people you give access to, by court order or with proper legal authority, making it difficult for anyone to remove or destroy your will without leaving a trace.

Additionally, banks often inventory the contents of a safe deposit box when items are added and after a person’s death, providing valuable evidence that your will existed at the time of death — an important factor if a copy ever needs to be probated.

Best Practices:

• Name a co-lessee (such as your executor) who can access the box without delay.
• Store only original documents and maintain electronic backups elsewhere.
• Inform trusted individuals about the location of the box and what it contains.

Fireproof, Waterproof Home Safe

If a bank isn’t an option, a high-quality home safe is the next best choice.

Advantages:

• Offers immediate access and full control over the contents.
• Provides solid protection from natural disasters.

Best Practices:

• Invest in a safe rated for high temperatures and submersion.
• Keep it bolted down to prevent theft.
• Limit access and inform your executor where the safe is located and how to open it.

What to Avoid

While some people consider leaving original estate documents with their attorney, this can create problems if the attorney retires, moves, or passes away. In those situations, accessing the documents may require a court order, especially if they’re stored in a law office’s work safe. For that reason, it’s typically better to keep your will in a place you control or can manage through a trusted financial institution.

The Importance of Protecting Real Estate Documents

Real estate documents are just as important as estate planning documents, especially when property is a major part of your estate.

Documents to protect include:

• Property deeds
• Title abstracts
• Mortgage paperwork
• Sale contracts or leases

Losing these documents can delay sales, cause ownership disputes, or result in the loss of valuable information.

Legal Requirements in South Carolina

Under S.C. Code §40-57-135(D)(1), brokers-in-charge must retain transaction records for at least five years. Property owners should also maintain these documents for future legal needs or transactions.

Electronic and Hybrid Storage Options

Cloud Storage

• Provides remote access and backup.
• Requires strong encryption and password protection.
• Scanned copies may not be acceptable for original-will requirements.

Encrypted USB Drives

• Hardware-encrypted drives offer portable, offline security.
• Best stored in a fireproof safe or bank box.

Hybrid Approach

For maximum security and redundancy, combine all storage options:

• Keep original wills and deeds in a bank safety deposit box if possible, or in a highly secured fireproof, waterproof home safe.
• Copies on encrypted USB drives at home.
• Scanned copies in secure cloud storage.

Legal Access and Compliance at the Time of Death

Under S.C. Code §34-19-50, spouses, adult children, or named executors can access a decedent’s safety deposit box under specific conditions to retrieve wills or burial deeds. Ensuring your designees know this can prevent unnecessary delays or confusion.

Final Thoughts

Your estate plan isn’t complete until you’ve made sure it’s protected. The story of a disinherited heir turning an entire estate plan upside down is a sobering reminder that what happens to your documents after you’re gone can be just as impactful as what they say.

Take the time now to secure your will, real estate records, and other legal documents in safe, well-considered locations. It’s a small effort that can prevent enormous stress, confusion, and conflict for your loved ones down the road.

How De Bruin Law Firm Can Help

At De Bruin Law Firm, we understand how important it is to protect your legacy through secure, compliant estate and real estate planning. Whether you need help drafting a will or choosing the best storage strategy for your documents, our team is here to guide you.

Call us today at (864) 982-5930 or message us online to schedule a consultation and ensure you have your estate planning and real estate plans and documents in order, and that you have a solid plan for securely storing your most important documents.