Making a Will can give you peace of mind, knowing your wishes will be respected and your loved ones will be cared for.

When you pass away, your Will becomes the essential document that guides how your estate is handled. If you leave a house, business, assets in a trust or more than a few thousand pounds in your bank account, your executors must obtain a Grant of Probate. This is the legal permission to distribute your estate as you wish.

What happens to Wills after they’ve been through the probate process?

Currently, all Wills and documents submitted for probate are kept in their original paper form forever, as they have since 1858. However, in December 2023, the government suggested a change: older wills could be scanned into digital form, and the paper versions destroyed after 10 to 12 years. Only the wills of "famous" people would be kept in paper form forever. It was unclear what "famous" means, as some people become famous only after they pass away. The consultation lasted until February 2024; the results were published on 8th January 2025.

What was the reason for the review?

The main reason for this proposal was to save money. Keeping an extensive archive of paper documents is costly, and digitisation seemed like a cheaper solution. However, most respondents supported digitisation but strongly opposed destroying the original paper documents.

Over 1,600 people and organisations responded to the government’s consultation. While many supported the idea of making digital copies of old wills for easier access, they were against getting rid of the original paper versions. The Society of Trust and Estate Practitioners (STEP) highlighted the need for careful cost analysis and secure backups to prevent data loss or cyberattacks. They also pointed out that scanning documents could lead to errors or poor-quality copies.

Many responses came from family historians and genealogists. These people value original documents for research and history. They were worried about the durability, security, and authenticity of digital records and the costs of maintaining a digital archive.

What happens now?

After considering the feedback, the Ministry of Justice decided to keep original paper wills. However, this decision comes with challenges. The Ministry noted the ongoing costs of storing an extensive archive of over 110 million documents. Digitising older wills will need to be carefully planned alongside other priorities.

What does this mean?

There are no changes to how you make a Will. It must be in writing and signed by the person making the Will in the presence of two independent adult witnesses. So, no changes there. It’s interesting to think that if you’re writing or updating your will, the decision taken in 2025 means your original paper Will document will be kept forever. Digital copies will be available to download (for a fee), but there will be a physical store of every Will that has been through the probate process since 1858.

Can I get a copy of an old Will?

Yes, it’s simple to search for a probate record and, if it exists, to obtain a copy of the Will. Not all probate applications include a Will. Check the guidance for more information. Here’s the link: https://www.gov.uk/search-will-probate

The government may increase the fee for getting copies of wills and grants of probate, which is currently £1.50. This fee doesn’t cover the full cost of the service, so it’s likely to increase to help cover increasing archive costs following the recent decision to retain paper copies.

Final Thoughts

If you haven’t yet made your Will but it’s on your to-do list, please call me. I’ll explain your next steps and answer any questions. I’d love to help.