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Locating and Storing wills

Document Cited authorities 1 Cited in Related
Vincent
AuthorLesley King/Peter Gausden
Pages111-114
10 Locating and Storing
Wills

Lost wills cause immense difficulties and frustration for all concerned.

As explained at para 5.4, there is a presumption that a will which was known to be in the testator’s possession and which cannot be found after death was destroyed by the testator with the intention of revoking it, but that it is possible to rebut the presumption by convincing the court the will is merely lost. In such cases, probate can be obtained of a draft, copy or reconstruction (see rule 54 of the NCPR 1987) but, on many occasions, there will be no one alive who knows there was a will or, if there was, what the contents were.

Equally frustrating are situations where there is no certainty the deceased ever had a will at all or whether a will which has been found has been superseded by a more recent one.

10.1 Storing wills

Members of the public are often surprised to learn there is no requirement to register a will nor any government facility equivalent to HM Land Registry for doing so. Essentially, it is up to each testator to ensure his will is kept safe so it is readily available to his executors after death.

Testators should ensure their wills are kept in a safe place and family members and executors know where the will is stored. A safe or strong box is one obvious option.

If the testator wants a third party to store the will, what are the options?

Banks used to offer storage facilities for valuables as a routine part of their services but this is becoming increasingly uncommon.

10.1.1 Depositing a will at the probate registry for safe keeping

Wills can be deposited with the Principal Probate Registry in London pursuant to section 126 of the Senior Courts Act 1981, and once a certificate of deposit is issued, the will falls under the control and direction of the High Court.

112 Wills: A Practical Guide

This service is cheap (at the time of writing, £20) and described in leaflet PA7 available on HM Courts & Tribunals’ website where there is also a clear description of the process:

www.gov.uk/government/publications/how-to-deposit-a-will-with-the-probate-service-a-guide-for-people-who-want-to-deposit-a-will-for-safekeeping-pa7

Once deposited, the will can be withdrawn (free of charge) only by the testator during his lifetime. Form PA7A is required together with the certificate of deposit. After death, the executors can withdraw the will by additionally producing the death certificate.

This service is particularly useful for those testators who...

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