Will storage

Once you have made your Will, there are no legal requirements for how you store it.

Of course, it is crucially important that it is:

If a Will cannot be found, your Executors may have to assume that you died intestate.

It is important that you do not store the only copy of your Will in a bank’s storage facility, such as a safety deposit box. It can be very difficult for Executors to gain access to it after your death because the bank may only give your Executors access to the box with a grant of probate, which cannot be obtained without the Will.

To avoid these complications, there are some recommended methods for storing your Will. Each option has advantages and disadvantages, and so the important thing is to choose an option you feel comfortable with.

If you have made your Will online, then online Will-writing services usually have a stored digital copy. But remember that this is just for reference – it is only the signed and witnessed paper version which can be taken as your Will.

Wherever you store your Will, you should not attach any other documents to it. Any marks by paperclips or staples that have been removed can suggest that there are other parts of the Will or codicils that are missing. This can make applying for probate time-consuming and expensive for your Executors.

Codicils to your Will should be stored with it. This is not a legal rule, but having codicils in different places will make life much harder for your Executors, and might even raise questions about their validity.

You may be able to store a Will with a solicitor even if they did not write the Will for you. There is often a charge attached, so make sure you understand any fees or conditions involved before you go ahead. A Solicitor is likely to be more expensive than other options, but may be more convenient if you want to access it during your lifetime. Solicitors are also regulated bodies, and so if something happens to your Will you will have legal options to help fix the problem.

The Probate Service offers a Will storing service. Depositing your Will at the Probate Service costs a one-off fee of £20, which may be cheaper than many of the other professional storage options.

However, to be able to access the Will during your lifetime you will need to request access to it using a form which you can find by clicking on HM Courts & Tribunal Service website. This mechanism is certainly safe, but may be less convenient than other options.

There is no rule against keeping your Will at home, and many people do choose to keep at least a copy of their Will in a safe place at home – in a personal safe or with your other important documents. It is not advisable to keep the only copy of your Will at home as the risks of loss, damage, and fire are considerably higher at home than in a secure facility. If you do decide to keep your Will at home, it is important to tell your Executors where you have kept it.

Informing your Executors

It is essential that you make sure that your Executors know where the original of your Will is stored and how they can get hold of it when the time comes. It is best to do this in writing rather than verbally.

You could consider leaving a copy of the letter with your important documents at home. Helping your Executors to find your Will quickly will help to reduce their stress at a difficult time, and will reduce the amount of time it takes to administer your estate.

What happens if my Will is destroyed or lost?

If your Will was known to be in your possessions but on death cannot be found, the presumptions is that you destroyed it during your lifetime and intended to revoke it. This presumption can be rebutted but with great effort.

A copy Will cannot be automatically admitted to probate and instead your personal representatives will need to prepare and complete a Statement explaining the lost or destruction and also detail what efforts have been made to locate the missing Will. They need to rebut the presumption that you destroyed it purposefully during your lifetime and any statement must also include details of anyone who may be prejudiced if the copy Will is proved.

This becomes even more complex if no copy Will can be found and as such in addition to ensuring you keep the original Will itself safe, ensure there is a copy available 'just in case'.