Where to keep your will: storage options in the UK and what to tell your executors

Your executors will need the original will, not a copy. Where you can keep a will in the UK, and what your executors need to know about it.

By Edward Martin10 min read

Where can you keep your will in the UK?

You can keep your will at home or leave it with someone who stores wills for a living, and GOV.UK's guidance on keeping your will safe lists the options as your home, your solicitor, your bank, a company that stores wills and the national probate registry in Newcastle. None of these is required by law, and a will is no more or less valid for being kept in one place rather than another.

What separates them is how well each one protects the original and how easily your executors can get hold of it after your death. A will that is perfectly safe but that nobody can find, or that sits somewhere your executors cannot open without the will itself, causes almost as much trouble as one that has been lost, which is why the sections below look at each option from both sides.

Why does the original will matter more than a copy?

The original matters because your executors will normally have to send it with the probate application. GOV.UK's probate guidance says the application needs the original will and that a photocopy cannot be used, and the registry then keeps the original, at which point it becomes a public record. Our guide to applying for probate shows where the will fits into that application.

A missing original creates a second problem. Section 20 of the Wills Act 1837 allows a will to be revoked by being burnt, torn or otherwise destroyed with the intention of revoking it, and where a will that was last in your own keeping cannot be found after your death, the law starts from the presumption that you destroyed it in that way. Your family can try to rebut that presumption and prove a copy instead, and rule 54 of the Non-Contentious Probate Rules 1987 allows a copy to be admitted where the original is not available, but only on an application to a district judge or registrar backed by an affidavit or witness statement, which has to set out the facts relied on to rebut that presumption unless there is evidence that the will still existed after your death. GOV.UK's form PA13 is the route for executors applying without a solicitor, and our guide to finding a will when the original is missing describes that process from your family's side.

A copy is still worth keeping, because it lets you and your executors check what the will says without handling the original. It simply cannot stand in for the signed document in the ordinary course, so it helps to keep the copy apart from the original and to note on it where the original is held.

Is it safe to keep your will at home?

It is lawful and free to keep your will at home, and GOV.UK includes home as an option, but the original is then only as safe as the place you put it. A will kept at home can be damaged or mislaid during a move, and The National Will Register points out that a relative who is unhappy with its contents may keep its whereabouts quiet, so if it cannot be produced after your death, your family may be left facing the presumption that you destroyed it.

If you keep it at home, a fire-resistant box or safe with your other important papers is far better than a drawer, and the people who will need it should know exactly where it is and how to open whatever it is locked in. Citizens Advice also says that other documents should not be attached to a will, so it is better not to clip notes or letters to it and to keep it unmarked, because the probate rules require any sign of attempted revocation, such as a tear, to be accounted for to the registrar's satisfaction.

Can a solicitor or will writer store your will?

Yes, and where a professional drafted the will it is often the simplest arrangement. The Law Society's guide to making a will says a solicitor will give you a copy and that there is no charge for storing the original with the solicitor who drew it up, whilst nidirect says that in Northern Ireland a solicitor who makes your will will normally keep the original and that you can ask for it if you would rather hold it yourself. Where you move a will to a firm that did not draft it, or use a will writer or storage arrangement with its own terms, ask what it charges and whether any fee is payable when the will is released.

The will remains yours wherever it is stored. The Law Society's practice advice for solicitors treats the original as the client's property, and the estate's after death, and says firms should keep it until the client dies or it can be returned to them, so asking for it back is always open to you. Keep the firm's letter confirming that it holds the will, together with any reference number, because that letter shows your executors where to go and helps them claim it.

What happens to your will if the firm holding it closes?

If a firm closes in the ordinary way, its wills should be dealt with rather than lost. The SRA's guidance on closing down a practice tells firms that original documents such as wills should not be destroyed, and says they should notify affected former clients, including those whose wills they hold, which may give those clients the chance to collect them, whilst warning that a firm which moves clients' papers without proper consent could face a complaint. If you receive a letter about a closure or a merger, it is worth acting on it straight away, either by collecting the will or by confirming in writing which firm now holds it.

Where the SRA itself has closed a firm down, it holds the files and documents. The SRA's page on claiming papers says there is no fee to request files or documents, and its file retention policy for these archives keeps original wills and codicils for 80 years from the date it intervened. Your executors would need to send the death certificate, identification and evidence that they are the executors, such as the grant or a copy of the will, so a will held this way can still be recovered, although it takes longer than collecting it from a firm that is still open. If you have recorded the will's location with a will register, update the entry whenever the will moves, because a record pointing to a closed firm sends your executors to the wrong place first.

Should you keep your will in a bank safe deposit box?

GOV.UK still lists your bank as a place to store a will, but the Law Society advises against a bank safe deposit box. Its concern is access: the bank will not open the box until your executor has legal authority to deal with your estate, and that authority will not be granted without the will, which is locked in the box. If you do use a bank, ask whether it offers safe custody for documents as distinct from a box, and exactly how your executors would retrieve the will after your death.

Companies that specialise in storing wills are the other commercial option GOV.UK mentions. Before using one, find out what it charges and how your executors would ask for the will, ask what would happen to the documents it holds if it stopped trading, and keep its paperwork with the rest of your important papers.

How does will storage with the probate registry compare?

The probate registry's storage service is the government option in England and Wales, and it keeps your original sealed at the Newcastle District Probate Registry until you, or your executor after your death, applies to withdraw it. It protects the paper from loss at home and from a firm closing, and GOV.UK's probate guidance names the registry as one of the places executors may find the original, which they can collect with the death certificate and evidence that they are the executor. Our guide to registering a will sets out the fee, the envelope label and how withdrawal works, and explains how a deposit differs from registering a record of the will.

The trade-off is that the will is out of reach for everyday purposes, and when you replace it the old one stays in storage until it is withdrawn, so keeping the deposit current takes a little administration. In Scotland, where this service does not apply, a will can instead be registered in the Books of Council and Session, where Registers of Scotland keeps the original and issues an official extract that can be used in its place, and mygov.scot points families to Registers of Scotland when looking for a will registered there after a death.

What should you tell your executors about your will?

Your executors need to know where the original is and how to get it, and GOV.UK advises telling your executor, a close friend or a relative where your will is. A short signed and dated note kept with your personal papers, and a copy given to each executor, does this well.

  • Where the original is: the address, or the firm's name, branch and your reference number.

  • Paperwork that proves it: the solicitor's safe custody letter, a certificate of deposit from the probate registry or a will registration certificate.

  • Any codicils: where they are and whether they are stored with the will.

  • Other wishes: where any letter of wishes is kept, if you have written one.

Our guide to writing a letter of wishes explains how that document works alongside a will, and our guide to what an executor does shows why finding the will is one of the first things your executors will have to do.

What to do next

  1. Decide where the original will live, weighing how safe it is against how quickly your executors could get it.

  2. If a solicitor or will writer holds it, get written confirmation and a reference number, and check whether any fee applies.

  3. Keep a copy at home, separate from the original, noting on it where the original is held.

  4. Write a short note for your executors covering the location, the paperwork and any codicils, and give each of them a copy.

  5. Review the arrangement whenever you change the will, move house or hear that the firm holding it has closed or merged.

When someone dies, the people dealing with their affairs also have to track down and notify every bank, utility, insurer and subscription they held, which goes far more quickly when a list of those accounts sits with the note about the will. If that task does fall to your family, Legacy Trail's free notification service can contact those private-sector companies on their behalf.

Frequently asked questions

  • You can, and GOV.UK lists home as one option, but the original is then exposed to damage or loss that a professional store would protect against. If a will you kept yourself cannot be found after your death, the law can presume you destroyed it to revoke it, so a home will needs a secure place and executors who know exactly where it is.

  • The Law Society's guidance for the public says there is no charge for storing a will with the solicitor who drew it up, although it is sensible to confirm this with the firm when you sign. A firm that did not draft the will, a will writer or a storage company may set its own terms, so ask about any fee for storage or for releasing the will before you agree.

  • Not in the ordinary way, because GOV.UK says the probate application needs the original and a photocopy cannot be used. Where the original is lost, the probate registry can admit a copy, but only on an application backed by sworn evidence or a witness statement, which takes longer and may need legal help.

  • A firm that closes in an orderly way should contact clients whose wills it holds, and the SRA says original wills should not be destroyed. If the SRA itself closed the firm, it keeps original wills in its archive for 80 years and charges nothing to request them, although your executors will need to send identification and evidence of their role.

  • The Law Society advises against it, because the bank will not open the box until your executor has legal authority, and that authority will not be granted without the will inside. If your bank offers a different form of document custody, ask how your executors would retrieve the will before relying on it.

This article is for general information only and does not constitute legal advice. Individual circumstances vary. If you are dealing with an estate, consider taking advice from a solicitor who specialises in probate. For other guidance specific to your circumstances, speak to a funeral director, Citizens Advice, or a regulated financial adviser.

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