Most people understand the importance of having a Will in place, whatever your age and circumstances. But what should you do with your Will once it has been drafted and signed? We look at where to store a Will and who you should notify of its location.
Having a Will is your opportunity to make sure that your affairs are dealt with in the way that you want in the future. Once your Will is in place, you will have the peace of mind of knowing that your assets will be passed on to your choice of beneficiaries in the way that you want. But it is essential that your executors know both that you have a Will and where to find it when the time comes.
Every year, hundreds of estates run into difficulties when a Will cannot be located. This means that the individual’s wishes may not be carried out, that their loved ones could miss out on their inheritance and that disagreements might arise between family members. It can also substantially delay the estate administration process and mean that it is more expensive.
It is a simple matter to ensure that your Will is stored in the right way and that the correct procedures are in place to allow it to be found easily when the time comes.
What are the options for Will storage?
The main choices for storing a Will are as follows:
- Store it with the government’s HM Courts and Tribunals Service
- Ask your solicitor to keep it in their strong room
- Keep it at your bank
- Put it with your own papers at home
Store your Will with HM Courts and Tribunals Service
You can store your Will with HM Courts and Tribunals Service. There is a form to fill in and you can send the Will, the form and the fee of £22 in the post. Once it has been lodged, you will be sent a lodgement certificate confirming that it has been received and you can store this with your important documents.
Ask your solicitor to store your Will
Many Will writing solicitors offer a Wills storage facility. You can ask them to place your Will there once it has been executed. You will be provided with a copy for your records along with a receipt.
Even if the law firm closes or merges at some point in the future, there are strict rules relating to Wills, meaning that it will both be kept safely and be easy to trace. If your Will is moved during your lifetime, you will be notified.
Store your Will at your bank
It is possible to store a Will at your bank, but you must not put it in a safety deposit box as your executor will not be able to open it. This is because they will need a Grant of Probate in order to do so, and they will not be able to apply for the grant without the original Will.
Store your Will at home
You can keep your Will at home with other important documents, provided that you make sure your executors know how to locate it. It is also essential to keep the Will in good condition. If it is damaged, it may be classed as invalid.
Who should I tell where my Will is?
You should tell your executors where to find your Will when the time comes. Even if you feel that it is in an obvious place, it may be difficult for others to locate easily.
You can also register your Will. One of the leading Wills registers is the National Will Register. They have records of over 10 million Wills and in return for a modest fee they will record details of where your Will is held and respond to enquiries from your executor or their solicitor as needed.
Whatever you decide to do, you should put a clear record of this with your paperwork as well as telling your executors.
Finding a Will
If solicitors are asked to assist in finding a Will, they will make a range of investigations, including:
- Asking the executors to search someone’s personal papers
- Writing to banks and former solicitors
- Make enquiries of law firms that have taken over other law firms
- Make enquiries of the Law Society if a law firm has closed
- Asking the HM Courts & Tribunal Service to search their records
- Make enquiries with the National Wills Register