This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how to avoid losing an original will in England and Wales. This comprehensive guide explains secure storage options, registering wills, communication with executors, common risks and practical steps to ensure the original document remains accessible when needed for probate.
A will is a legally binding document that sets out how a person's estate should be managed and distributed after death. In England and Wales, only the original signed will is accepted for the purposes of applying for a Grant of Probate and administering the estate. If the original will is lost, damaged or cannot be found, the probate process can be delayed, become more expensive, or even result in the estate being administered under the laws of intestacy rather than in accordance with the testator's wishes. This article explains practical steps you can take to avoid losing a will, secure storage options, communication strategies, potential risks, and common questions about preserving testamentary documents. It is based on current authoritative guidance and standard legal practice in England and Wales.
Why Reducing the Risk of Losing a Will Matters
Only the original will is legally effective when applying for probate. Copies, scans and digital copies may help executors locate your intentions, but they do not replace the original for legal purposes. A lost or damaged original can lead to:
- Delays and increased costs in the probate process.
- Executors needing to prove the will's existence through alternative evidence.
- Potential disputes among family members or beneficiaries.
- Distribution of the estate under intestacy rules if no valid will can be located.
Because of these consequences, safeguarding the original document and ensuring it remains accessible are central to effective estate planning.
Secure Storage Options to Reduce Loss
1. Store the Will with HM Courts & Tribunals Service (Probate Registry)
One practical step to avoid losing the original will is to deposit it with HM Courts & Tribunals Service (HMCTS), which keeps it securely until it is needed. You send the original will and any codicils by recorded post using the official lodgement label, pay the one‑off fee (currently £23), and receive a certificate of lodgement confirming where the will is held. Executors can then retrieve the document after the testator's death when applying for probate.
Benefits of this option include:
- Secure custodial storage by a government service.
- The will is protected against loss, theft, fire and flood.
- Executors have a formal route to access the document after death.
2. Store with a Solicitor or Regulated Will Writer
Solicitors often offer secure storage for original wills, sometimes at no extra cost if they drafted the will. Firms regulated by the Solicitors Regulation Authority (SRA) must have professional indemnity insurance and procedures to ensure wills remain accessible, even if the firm closes or merges with another practice. Registering the will's storage details with the solicitor can help executors find the original when needed.
Some professional will‑writing services also provide secure storage facilities, though it is important to check the terms of storage and insurance in case the company ceases trading.
3. Use Specialist Will Storage Services
Dedicated storage providers maintain wills in secure, climate‑controlled archives with insurance against loss, damage or destruction. These services often include registration with a will register, which records where the will is kept so executors can locate it. Specialist storage options combine physical protection with searchable records to reduce the chance that a will will be misplaced over time.
4. Register the Will's Existence
Registering the existence and location of a will with a database such as the National Will Register does not itself store the original document, but it creates a searchable record linking a will to its storage location. This helps ensure that executors and beneficiaries can find the will after the testator's death, even if storage arrangements change or are forgotten.
Communication and Documentation
Even secure storage does not eliminate the risk of losing a will if executors cannot find it when required. You can reduce this risk by:
- Informing your executors in writing about where the will is stored, including contact details and reference numbers for the storage location.
- Providing a copy of the certificate of lodgement or storage receipt to your executors.
- Keeping an up‑to‑date record of the will's location as part of your wider estate planning papers.
- Reviewing storage arrangements whenever you update or replace your will.
Clear communication ensures executors do not have to search through personal papers or guess where the original is held.
Storage Locations to Avoid
Some storage methods carry a higher risk of loss or inaccessibility:
- Home storage without safeguards: Keeping the will in an unlocked drawer, cupboard or unprotected filing system increases the risk of damage, loss or accidental disposal. Any at‑home storage should use a secure, fireproof container and be accompanied by clear instructions to executors.
- Bank safety deposit boxes: Banks generally do not release the contents of safety deposit boxes until probate has been granted, yet probate cannot be granted without producing the original will. This creates a circular delay that can impede the estate administration process. For this reason, deposit boxes are not recommended for primary will storage.
What to Do if a Will Is Misplaced
Despite best efforts, wills sometimes cannot be found after someone dies. In such cases:
- Executors should search likely storage locations, including solicitors, banks, personal papers and national registers.
- The National Will Register and probate searches can help identify where an original may be held.
- If the original cannot be found, executors may apply for probate using a copy or by proving the will's contents through alternative evidence, although this may prolong proceedings and require additional legal steps. Legal advice may be advisable in these circumstances.
Common Questions from our Readers
Is it a legal requirement to store a will formally?
No. There is no statutory requirement to deposit a will with a formal storage provider, but doing so significantly reduces the risk of loss and makes retrieval after death easier.
Can a lost will be proved?
Yes. In some cases, a will can be proved without the original, but this is more complex and time‑consuming. Executors must demonstrate that the copy reflects the testator's intentions and that the original was validly executed.
Should I tell family members where my will is stored?
Yes. Informing trusted family members and executors of the will's location, and recording this in writing, reduces the risk that executors will be unable to locate the document when it is needed.
Key Takeaways
Losing the original will can have serious consequences for estate administration in England and Wales. To avoid this, consider secure storage options such as depositing the will with the Probate Registry, storing it with a solicitor, using a specialist storage service, and registering the will with a national register. Complement these steps with clear communication to executors and documentation of the will's location. Avoid high‑risk storage methods such as unsecured home storage or bank safety deposit boxes where executors may not have timely access. Combined, these practical steps help safeguard your will from loss or damage and support efficient administration of your estate.
