Series Week 22
Title: How to Store and Register Your Will Safely
A will is more than just a document — it’s your final voice. It ensures that your assets are distributed according to your wishes and protects your loved ones from confusion or conflict after your passing. But even the best-written will is useless if it’s lost, destroyed, or hidden away where no one can find it.
So, after taking the important step of writing your will, the next question becomes: Where should you keep it? Here’s what you need to know under Botswana law.
Why safe storage matters
If your original will cannot be found when you pass away, the law may assume you destroyed it with the intention of revoking it. That means your estate could end up being distributed as if you had died intestate — without a will. This can cause delays, family disputes, and additional costs in winding up your estate.
Safe custody is therefore just as important as writing the will itself.
The role of the Master of the High Court
Under the Administration of Estates Act, the Master of the High Court is responsible for preserving all original wills that are lodged at the Master’s office.
Section 8(1) of the Act specifically requires the Master to keep every original will lodged with the office.
The Act also allows for inspection of these documents by interested persons on payment of a small fee.
After ten years from the finalisation of an estate, the Master may transfer the records to the National Archives for permanent safekeeping.
This makes the Master’s office the most reliable and legally recognised place to store your will in Botswana.
How to lodge your will
Ensure your will is properly signed and witnessed in accordance with the Wills Act. Every page should be signed by you (the testator) and witnessed by at least two competent witnesses present at the same time.
Visit the Master’s office in your district — for example, in Maun or Gaborone — and inform them that you wish to deposit your will for safekeeping.
Complete the prescribed form and pay the small custody fee. You will receive a receipt confirming that your will has been lodged.
Tell your executor or next of kin where the will is stored and keep the receipt safe.
By lodging your will with the Master, you ensure it’s preserved by law and easily traceable when it’s needed.
Other storage options
Although the Master’s office is the best option, you can also store your will in other safe places — provided you take precautions.
With your lawyer:
Many people leave their wills with the lawyer who drafted them. Lawyers keep wills in secure custody and are familiar with the procedures for lodging them with the Master after death. Always make sure your family or executor knows which law firm holds the document.
Bank safe-deposit box:
A safe-deposit box offers good physical protection, but access after death may require special permission or court documents. This can cause delays, so it’s wise to ensure your executor or lawyer can access it.
Tips to protect your will
Make certified copies of your will, clearly marked “COPY – NOT ORIGINAL.”
Inform your executor and next of kin where the original is kept.
Review your will whenever you experience major life changes such as marriage, divorce, or the purchase of significant property.
If you create a new will, formally revoke the old one and lodge the new original with the Master’s office.
Keep any receipt or reference number given by the Master’s office or your lawyer for future reference.
Final word
A properly drafted will gives peace of mind, but safe storage gives security. The most reliable way to protect your final wishes is to lodge your original will with the Master of the High Court or your trusted lawyer. In next week’s article, we will dive into How to Prevent Family Members from Contesting Your Will.
