Storing your will safely: where to keep it and who to tell

A will only works if the original can be found after you die. Every year estates end up being dealt with under the intestacy rules because a will that was made could not be located, or was found in a state that cast doubt on it. This guide explains where to keep your will and who to tell.

Why the original matters

The Probate Registry requires the original signed will, not a copy. If only a copy can be found, there is a legal presumption that a will last known to be in the testator's possession, and now missing, was destroyed by them with the intention of revoking it. That presumption can be rebutted, but it takes evidence and time, and it is not guaranteed. The simplest protection is to keep the original somewhere safe and known.

Where to keep it

There are three sensible options.

Professional storage. Many will writers and solicitors offer secure storage, with the will released to your executors on proof of death and identity. The advantage is that the document is protected from fire, flood and loss, and your executors have a clear place to go.

At home. If you keep your will at home, use a fireproof and waterproof box or safe, keep it flat and unfolded, and do not attach anything to it with staples or paperclips. A removed staple leaves marks that can raise questions about whether pages were added or removed.

The Probate Service. HM Courts and Tribunals Service runs a will storage facility for a one off fee. The will is stored centrally and can be withdrawn by you during your lifetime or by your executors after your death.

Wherever you keep it, do not keep it somewhere that will be sealed on your death. A bank safety deposit box in your sole name can be awkward, because the bank may require a grant of probate to open it, and the grant requires the will.

Tell the right people

Your executors need to know that a will exists and where it is. Tell them, and put the information in writing with your other papers. If your will is in professional storage, give them the name and contact details of the firm. A short note listing where your important documents are, such as your will, lasting powers of attorney, property deeds, pension and insurance details, is one of the most useful things you can leave.

Keep a copy

Keep a photocopy at home for reference, clearly marked as a copy, so you can check what your will says without disturbing the original. Never write on the original. Any change should be made by a new will or a codicil, signed and witnessed in the proper way.

Lasting powers of attorney and other documents

The same thinking applies to lasting powers of attorney. Once registered, the original is needed to prove your attorneys' authority, so keep it safe and make sure your attorneys know where it is. Property deeds, share certificates and policy documents are also far easier to deal with when they are together in one known place.

Reviewing what you have

When you review your will after a life change, review where it is kept as well. If you have moved house, changed executors or changed storage providers, make sure the information your executors hold is still right.

We help people across Norfolk and Suffolk make and store their wills securely, and we provide a simple record of where everything is to keep with your papers. If you are not sure where your own will is right now, that is a good reason to get in touch.