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Unless otherwise agreed in writing by us, we store any original documents of yours that we have agreed to store, in accordance with this policy and you expressly consent to the terms in the policy being binding on yourself, but also on your attorneys or executors (as applicable).

 

1. We agree to store your documents on site in our fireproof safe facilities free of charge. We may at any time determine that we will, going forward, charge a fee for storage in which case we will advise you of the charge and you will have the option to collect your documents, or pay for the ongoing storage. 

2. Whilst all care will be taken to ensure your documents are protected from theft, fire, flood or tempest, we will not be liable to you or any other person if the documents are damaged or destroyed by causes outside of our control.

3. You may collect your original documents at any time by providing us 3 business days’ notice. You will be required to present in person to collect your documents and provide current photo identification.

4. We may agree to release your documents in any circumstances other than as set out in paragraph 3 if we are satisfied that you have authorized the release.

5. If you are the joint owner of a document (i.e a Certificate of Title) we will require all owners to consent to the release and satisfy our identification requirements.

6. Where any person seeks to collect an original Enduring Power of Attorney or Enduring Power of Guardianship on your behalf including on the basis that you do not have legal capacity, we will not release the original to them until such time as they have satisfied us that you do not have capacity. In our discretion we may require any of the following:-

       (a) letter or other evidence from your medical practitioner confirming that in their medical opinion you do                   not have capacity to make the decision which is required to be made;

       (b) such other evidence as we consider necessary in the circumstances.

   7. We will not release your Will to any person other than you, until such time as we have been provided proof           of your death to our satisfaction. For the avoidance of doubt, a person acting as your attorney or guardian is         not entitled to collect your Will on your behalf whilst you are alive and have capacity, unless we believe (in           our absolute discretion) that there are compelling reasons for the release. 

   8. We may provide copies of the documents we hold on your behalf to any professional acting on your behalf           who we believe has your consent to make such request (i.e advisor, lawyer, accountant) or as otherwise                 required by law.

   9. If we choose to store your original documents securely offsite then we will advise you by no less than 30               days’ notice. At that time, we will also advise you if storage offsite will result in any fees being payable by             you (for the storage, retrieval etc). You may choose to collect your documents before they are moved off site.

  10. If the Firm is sold or otherwise ceases to exist, we will arrange for suitable alternative arrangements for                  storage of your documents and advise you of same at that time.

  11. We reserve the right to use our discretion in the implementation of this policy on a case by case basis. 

 

We may amend this policy from time to time by notice to you. 

 

Should you have any questions, please email admin@greenstonelegal.com.au 

 

You are deemed to have accepted this policy from the earlier of the date you receive a copy of it or you ask us to store a document for you, unless you advise us of any objections in writing within .

 

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