where should I keep my will?

Keep the original, signed version of your will somewhere safe, secure, and easy for your executors to find. For most people, the best place is the official will storage service run by HM Courts and Tribunals Service (HMCTS), which covers England and Wales. Wherever you choose, make sure your executors know where it is. A will nobody can find is almost as bad as having no will at all.

why does the original matter so much?

Because the original is the one that counts. A photocopy or a scan usually won’t be accepted to deal with your estate.

And there’s a nasty twist. If you kept your will at home and it can’t be found after you die, the law can assume you destroyed it on purpose, meaning you meant to cancel it. Your estate could then be dealt with under an older will, or under the intestacy rules as if you’d never made one.

what’s wrong with keeping it at home?

Nothing, if you’re careful. But think about what can happen over twenty or thirty years.

Say Jean, in Tickhill, keeps her will in a drawer in the spare room. Over the years she moves house, clears out, has a leak. Maybe it survives all that. When Jean dies, her son spends weeks going through paperwork looking for it. Or he finds an older copy first. Or someone who doesn’t like what the will says finds it before he does.

Home storage relies on nothing going wrong for a very long time. It’s also the easiest place for a will to get damaged. Don’t unpin, unstaple, or attach anything to it, because marks on the paper can raise questions about whether it’s been tampered with.

what about a bank or a solicitor?

Banks don’t often offer this now, and getting a will out of a safe deposit box can be awkward when the person who rented the box has died.

Solicitors and will writers often store wills. That’s fine, but firms close, merge and move, and the will can be hard to trace years later. It’s worth asking where exactly it’s kept and what happens if the firm stops trading.

what is the HMCTS storage service?

HMCTS runs an official will deposit service. Your original will is lodged with them and kept securely. You get a certificate of deposit to keep with your papers. When you die, your executors apply to have it released. It’s run by the courts, not a private firm, and it won’t get lost at the back of a cupboard.

what does your will storage service include?

Before anything gets posted, I check your will has been signed, dated and witnessed properly. A will that wasn’t executed correctly simply doesn’t work, and it’s much better to find that out now. Then I handle the deposit for you: the HMCTS fee, recorded delivery, a scanned copy for your records, and an executor card so the people you’ve chosen know where the will is and who to contact.

It’s £249, one-off, with no annual fees. You can read the full details on my will storage page. Wills are deposited with HM Courts and Tribunals Service, which doesn’t endorse, approve or accredit my service.

how long does it take?

Allow around four weeks for your certificate of deposit to arrive.

what if I make a new will later?

Then the new will needs depositing too, as a separate deposit. You can withdraw the old one from HMCTS, which is free and also takes around four weeks. I’ll give you a one-page sheet explaining exactly what to do, so you’re not left guessing years from now.

should I tell my executors?

Yes. Whatever you choose, tell them where the original is. Give them the certificate or the executor card, or at least tell them where you keep it. It’s also worth keeping a note with your will of where your bank accounts, pensions and policies are. That’s exactly what an Executor Pack is for, if you want everything in one place.

If you’d like me to check and lodge your will, I can do it at the same home visit as writing it, or on its own if you already have one. Just give me a call.

This is general information, not legal advice for your situation. I’m not a solicitor — I’m a will writer, and I’ll tell you if you need one.