An original will stored by you is the property of the client and after the client's death, it is the property of the estate. You should store the original will until after the death of the client, or until you are able to return the original to the client.
If a solicitor writes your will, they will usually store the original free of charge and give you a copy – but ask them to make sure. Most solicitors will also store a will they didn't write, but there will probably be a fee.
Finding the original will
If you know that the will was made by solicitors and it was not revoked, you can contact the Solicitors Regulation Authority (SRA) Intervention Archives department.
The probate registry will keep the will and it'll become a public record. The person who died should have told all the executors where to find the original will and any updates, for example: at their house. with a probate practitioner, such as a solicitor.
Most estate planning attorneys take on the responsibility of holding their clients' original wills and other documents. They do this for two reasons. First, they are often better equipped to keep the originals safe where they can be found when needed.
If a Will has been lost, there is a presumption it was revoked by destruction by the maker. However, it may be possible to deal with the estate even if the Will cannot be found or produced. An application can be made to court for evidence of the Will's contents to be accepted in place of the original Will.
Once a grant of probate has been issued, a will becomes a public document and anyone can apply to have a copy. Search probate records for documents and wills (England and Wales) – GOV.UK (www.gov.uk) provides information about searching for probate records, either online or by post.
Who keeps the original copy of a will? If the executors of the estate have successfully applied for a grant of probate, the Probate Registry will be in possession of the original will. If the grant isn't needed, then the executors will hold onto the original will themselves.
HMCTS will consider the evidence in your application. If your application is successful, you will be able to apply for probate, if not, you will need to apply for probate when there is not a will (known as intestacy).
It is important to understand that a copy of a Will is not an acceptable alternative from a probate perspective. As such, every effort will need to be made to locate it. Ask yourself who had the responsibility for storing it?
When the SRA closes down a firm, funds are arranged to be transferred to the SRA and an intervention agent (another firm of solicitors) will be asked to hold the firm's papers safely. These will include clients' deeds, documents, case files and papers.
You should store the original will until after the death of the client, or until you are able to return the original to the client. Some firms keep wills indefinitely, while others have a policy of holding the original will for fifty years from the date of its creation.
At the probate registry
The principal probate registry will store your will for a flat fee (currently £20).
The will is then stored at the Principal Probate Registry in London. You can retrieve your will yourself during your lifetime (by completing a form), or your personal representatives can do so once you have died. There is no fee for retrieving a will.
Your Will and any other relevant legal documents, such as Powers of Attorney, are kept in a waterproof wallet in a specialist document archive facility.
You may not need probate if the person who died: only had savings. owned shares or money with others - this automatically passes to the surviving owners unless they've agreed otherwise. owned land or property as 'joint tenants' with others - this automatically passes to the surviving owners.
Applying for probate online
you have the original will and the death certificate (or interim death certificate) from the coroner. you've already reported the value of the estate of the person who died (this includes their money, property and possessions) to HMRC.
Whether you need to pay depends on the value of the estate. If the value of the estate is over £5,000, the application fee is £273. There's no fee if the estate is £5,000 or less. You can order extra copies of the probate document for £1.50 each.
It is common practice (although again, not obligatory) to show a copy of the will to beneficiaries of the residuary estate (i.e. what is left once any debts have been paid and specific gifts have been made) but they are not automatically entitled to see the will, although they do have the right to know who the ...
There are now over 9.4 million wills registered in the National Will Register system. Registering your clients' wills on the National Will Register protects the testator, executors and beneficiaries as it ensures the will can be located upon death.
It is common for beneficiaries to ask to see a copy of the Will. It is however your discretion as Executor whether or not to disclose it to the beneficiary.
How do I know if I am the beneficiary of a will? Helen: If someone has left a will and you are a beneficiary of an estate, you would usually be contacted by the executor, or the solicitor the executor has instructed, to notify you that you are a beneficiary.
The Testator must intend to revoke the will and is the only person allowed to validly destroy their own Will. A Will can either be destroyed directly by the Testator or by the Testator giving directions to a third party in their presence.