A Small Action That Can Create Big Legal Problems
When managing a loved one’s estate, a simple mistake — like choosing to unstaple a Will — can cause serious legal complications. While it may seem harmless to separate pages for scanning or copying, doing so can delay probate, raise questions about the document’s authenticity, and even lead to court intervention.
At MCB Lawyers, we’ve seen how minor missteps can result in major stress. Whether you’re an executor, a family member, or a concerned beneficiary, this article explains why keeping the original Will intact is essential — and how to avoid common pitfalls.
🔹 Key Takeaways
- Never remove staples or alter the original Will
- Minor changes can raise legal red flags during probate
- NSW Courts may require affidavits to explain any perceived alterations
- Proper storage and legal guidance protect the Will’s validity
Why You Should Never Unstaple a Will in NSW
In NSW, the Supreme Court requires that an original Will be submitted as part of the probate process. If the Will appears altered in any way — such as missing staples, torn edges, or additional markings — the Court may:
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Question the Will’s integrity or completeness
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Suspect that pages were added, replaced, or removed
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Demand sworn affidavits from anyone who handled the document
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Delay the grant of probate until concerns are resolved
📎 Learn more from the official Supreme Court of NSW – Probate Guidelines
Common Mistakes Executors and Families Make
Unstapling or Unbinding the Will
Even if you plan to restaple it afterward, doing so without explanation raises red flags. The Court assumes the Will should appear exactly as it was when signed.
Adding Sticky Notes or Annotations
Notes attached to the Will or writing on it can be seen as informal alterations.
Photocopying the Will Without a Legal Copy
If the original is lost or altered in the process, there may be no fallback.
Storing the Will Improperly
Documents that are torn, water-damaged, or partially destroyed can be deemed invalid or incomplete.
✔️ Best Practices to Protect the Will
To ensure probate proceeds smoothly:
- Do not remove staples under any circumstance.
- Store the original Will in a dry, secure place—ideally a law firm or fireproof safe.
- Avoid attaching sticky notes, highlighting, or annotations to the Will.
- Let your lawyer handle copies to ensure the original remains preserved.
At MCB Lawyers, we offer secure Will storage at our office in Manly.
🔗 For general advice about Wills and probate in NSW, visit the NSW Government Wills & Planning page.
How MCB Lawyers Can Help
We work with clients across Manly, Wollongong, and Parramatta to protect their Wills and navigate the probate process with confidence.
Our services include:
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Drafting and reviewing legally binding Wills
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Secure Will storage and retrieval
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Executor advice and compliance
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Dispute resolution over contested Wills
📞 Call us on (02) 9977 1133
🌐 Contact us online
Need Help with a Will or Probate?
Contact our Wills & Estates team today for clear, practical advice on protecting and administering a loved one’s Will.