Where to store a Will

There is no legal requirement to where you store your Will. It’s your choice, however, you need to find a way to store your Will so that it is safe, and of knowledge to your executor. Register your Will to keep a record of its location.

In this insight, we will cover your options on where to store a Will, the risks you face and how best to protect yourself if anything does go wrong!

Key takeaways

• It's advisable to write down where you keep your Will. Amongst the stress of losing a loved one, nobody needs the additional stress of trying to find a lost Will.
• It's important to choose a location you can access without a Grant of Probate.
• Wills need to be stored in a location that's easy to access but also safe.
• Register your Will. The Will register keeps information about the location of your Will.

Options for where to Store a Will

It's important to store your Will in a location that is safe and secure. There are a few different options for storing your Will to consider: 

Let your Will Writer store it

If you have arranged for a Will Writer to help with your Will, they should be able to offer a storage service for you as an additional option. Opting for this route takes the decision out of your hands. It is often cheaper than storing your Will with a solicitor.

• TIP: Find out what happens if the company goes bust and what could happen to your Will in these events.

Store it with a Solicitor

If you have a family solicitor, it would be a well-known easily accessible place to store your Will. Your family should know the Solicitor, which will help with finding it. However, the fees for this service can be expensive. There are still risks involved, such as, what happens if the solicitor goes out of business, or there is a fire on-site.

It’s important to find out exactly how securely it will be stored.

The Probate Service

In England & Wales, the probate service will store your Will. There’s a flat fee of £20. Should you need to make any changes you will need to complete a form to obtain access.

Although this provides security, accessing your Will through the probate service is more difficult, compared to a simple phone call to ask your solicitor to get it for you.

Keep your Will at home

It’s free to keep your Will at home. Although, the risks of losing it are much higher. There is also the risk of it getting damaged.

TIP: Tell your Executor exactly where you keep your Will. Let them know if you end up having a tidy-up around the house.

Where to not store your Will

It is not advisable to store your Will in certain places. For instance, if you storing in a Bank safety deposit box. Deposit boxes require a grant of probate before they can be opened by relatives.

This means that if the Will is inside the box, you can't get to it without obtaining probate. And as you need the Will to obtain probate... Catch 22.

Other places you should not store your Will include and reasons why:

A home safe

If the safe is locked and you pass away, your family may have difficulty accessing the safe to obtain your Will.

A filing cabinet

A filing cabinet may become lost or damaged over time, and your Will could be misplaced or destroyed by accident.

A desk drawer

If you store your Will in a desk drawer, it could be accidentally thrown away or misplaced by someone who is cleaning or organising the space.

A storage unit

Storing your Will in a storage unit could create a situation where your family members are unable to access the Will if they don't have the necessary paperwork to enter the unit. Another catch 22.

How to store your Will

If you have not already written your Will or are planning to store it in a more suitable location, you can speak with a Later-Life adviser to find more information on the most appropriate locations to store your Will. Take into account the following:

• Find a safe location to store your Will.
• Do not store in a location that requires a Grant of Probate for access.
• Consider the risks of using this location.
• Advise your executor where you have kept the Will.
• Registering the Will with the National Will Register.

What is Will Registration?

If you register your Will with the National Will Register, they keep documentation on the location of your Will. It is not compulsory to register, but it is strongly advised. Many Will Writers will register your Will on your behalf as part of their Will Writing services.

The national Will Register also allows you to obtain access to copies and see if Wills exist. However, they do charge for these searches.

The national Will register currently have registered over 9.4 million Wills on their systems.

What should you do if you cannot find a Will?

If you cannot find a Will, you need to have looked in every reasonable storage location and be certain a Will was written. If you still can't find it,  apply to the Probate Registry, and it may be possible to administer the estate using a copy. The application follows a strict process and must be accompanied by a witness statement and supporting evidence that the Will existed.

If you are looking for further advice around Will writing and where to store a Will, Sunny Avenue can put you in contact with the most suitable Will adviser. To get started, you can use our Sunny Fact Find for Will Writing. We ask a few questions about your circumstances, and use the answers to determine the adviser best for your needs. We then arrange a no obligation conversation with a friendly adviser from our directory.