Preservation of Original Wills in England and Wales

The UK government has decided to retain original paper Wills indefinitely, following a public consultation. Previously, there was a proposal to scan and destroy older Wills after 10-12 years to cut costs. However, this faced strong opposition due to concerns about scanning errors, durability, security, and authenticity. Leading historians described the plan as ‘sheer vandalism’.

Thanisha Sharma, Paralegal, provides an update.

The Ministry of Justice has now decided against any reform involving the destruction of original Wills. They will explore other avenues to mitigate storage costs. Currently, digitisation is limited to wills submitted with new probate applications since 2021. Broader digitisation will be considered alongside other priorities and resources.

In a statement last week, justice minister Sarah Sackman KC said: ‘Thousands of people expressed their fierce opposition to the previous government’s proposal to destroy millions of historic wills, some dating back to the 1850s. These documents are an indispensable bridge to the lives of those who came before us. I am pleased to confirm that we will not destroy them, they will remain in storage, and – on request – are available for all to access.’

The fee for obtaining a copy of a Will is currently £1.50, but this does not cover the full cost of the service. The government will review fees to ensure cost recovery.

There are many implications of this decision. For example- by maintaining original Wills, it helps to maintain public trust and confidence in the legal system and the integrity of important documents.

As well as this, the fact the original wills are remaining accessible to the public upon request is especially important for legal professionals, genealogists, and individuals seeking to verify the authenticity of wills or resolve inheritance disputes.

Furthermore, as justice minister Sarah Sackman KC describes, retaining original Wills preserves an “indispensable bridge” to the past, they provide valuable insights into historical family structures, property ownership, and societal norms, which are crucial for historians and researchers.

Overall, the decision reflects a commitment to preserving historical documents, maintaining public trust, and managing resources effectively while ensuring that original wills remain accessible and secure.

For more information or to find out how we can help on any Wills, Trusts or Inheritance matters, please contact Thanisha on 01228 516666 or click here to send her an email.