The safest places to store your will are with the solicitor who drafted it or deposited with HMCTS at the Principal Probate Registry. Either option gives your executors a verifiable location and a clear paper trail. A will that cannot be found after your death is treated by English law as though it was deliberately destroyed — meaning your estate may pass under intestacy rules rather than your wishes.
Plain-English guide written by Simon Jenkins — covering every stage of the probate process.
Why Will Storage Matters More Than Most People Think
Every probate solicitor has handled estates that passed under intestacy because the original will could not be found. The consequences are permanent. An unmarried partner inherits nothing under intestacy regardless of the length of the relationship. Stepchildren are excluded entirely. Charitable legacies fail. Specific gifts never reach the people intended to receive them.
English law creates a legal presumption that if an original will existed but cannot be found after death, the testator destroyed it intentionally to revoke it. Overcoming that presumption requires a formal court application, witness evidence, and usually a certified copy of the will. It is expensive, slow, and entirely avoidable with proper storage from the outset.
Option 1: With the Solicitor Who Drafted It
Solicitor storage is the most practical and reliable option for most people. Most firms that draft wills offer secure storage — either free or for a modest annual fee. The will is held in a fireproof, secure facility. The firm is regulated by the Solicitors Regulation Authority and is professionally accountable for what it holds on your behalf.
If the firm ever closes, the SRA requires wills to transfer to a successor firm or a central SRA-approved repository. You should receive written notification. When your executors need the will after your death, they contact the firm, produce the death certificate, and the will is released through a clear, documented process.
Make sure every named executor knows the firm name and contact details. A note left with your personal papers — not attached to any copy of the will — stating the firm name, address, and your client reference number is all they need. At Curtis Legal, Simon Jenkins offers will drafting and storage for clients across England and Wales.
Option 2: With HMCTS at the Principal Probate Registry
You can deposit your original will with the Principal Probate Registry, part of HMCTS, for permanent government storage. The will is held securely and released to your executors as part of the probate process after your death. The GOV.UK wills and probate guidance sets out the current process for depositing a will.
The main advantage is permanence. HMCTS is not going to close, merge, or be acquired. Executors can request the will as part of the standard probate application without needing to track down a private firm. The main drawback is that retrieving the will to update it requires a formal process, making this option better suited to people who have finalised their affairs and do not anticipate further changes.
Option 3: Registered With the National Will Register
The National Will Register does not store your will — it records the existence and location of it. You register key details including your name, date of birth, the date the will was made, and where the original is physically held. After your death, your executors can search the register to confirm whether a will exists and where to find the original document.
This is best used as a backup layer alongside one of the physical storage options above. If your executors already know exactly where the will is held, registration adds limited value. If there is any realistic risk they might not — because your solicitor retired, your storage arrangements changed, or you stored the will at home — the register can be the difference between your estate following your wishes and passing under intestacy. Solicitors who draft wills can register them on your behalf at the same time as drafting. See our guide to what probate is and when it is required.
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Option 4: A Bank Safe Deposit Box
Some banks still offer safe deposit box facilities, though many have withdrawn this service in recent years with little notice. If you store your will in a bank safe deposit box, be aware of a serious practical complication: accessing the box after your death may require a Grant of Probate — which in turn requires the will. You can find yourself in a circular position where the will is needed to obtain the Grant, but the Grant is needed to open the box. If you use this option, give your executors explicit written authority and access to the key, and confirm annually that the bank still offers the service.
Option 5: At Home
Home storage is the most common choice and the most risky. Wills kept at home are lost during house moves, destroyed by fire or flood, thrown away when a property is cleared after a death, and occasionally removed by someone who objects to their contents. If you keep your will at home, use a fireproof and waterproof safe. Tell every named executor exactly where the safe is and how to open it. Store a certified copy in a separate location. Register the existence of the will with the National Will Register as a backup layer.
What Not to Do With Your Will
- Do not store it with a beneficiary. There is an obvious conflict of interest and the document may go missing or be tampered with.
- Do not attach anything with staples or paperclips. Pin or staple marks on a will raise a legal presumption that something was once attached and later removed — this can halt probate pending a formal inquiry.
- Do not write on the original. Any handwritten amendment on the face of a will may be treated as an attempt to alter its terms.
- Do not leave instructions only with someone who may predecease you. If your sole executor is elderly or in poor health, ensure at least one other person knows where the will is stored.
- Do not assume family will know where to look. Without an explicit note, they almost certainly will not.
Who Needs to Know Where Your Will Is
At a minimum: every named executor and your spouse or civil partner. You do not need to share the contents of the will — only the location of the original. Leave a brief note with your personal papers stating the firm name, address, and any client reference number. This note should be somewhere it will be found promptly after your death: with your passport, in a clearly labelled envelope in your desk, or alongside your insurance documents and bank statements. See our guide on what it means to be named as an executor for more on the practical duties involved.
What to Do If You Cannot Find a Loved One’s Will
- Search the property thoroughly — filing cabinets, desk drawers, safes, loft, garage, and any storage unit
- Contact every solicitor the deceased consulted, even one used many years ago
- Search the National Will Register
- Contact the Principal Probate Registry to check whether a will was deposited for safe custody
- Ask the deceased’s bank whether a safe deposit box was held and arrange access
- Ask close family members and friends whether the deceased mentioned having made a will
If a certified copy of the will can be located, it may be possible to apply to admit it to probate — but this requires a formal application to the court, a witness statement explaining why the original is missing, and evidence that the testator did not destroy it deliberately. A specialist probate solicitor can advise on whether this route is viable in your specific circumstances.
Frequently Asked Questions
Is it safe to keep a will at home?
Only if it is in a fireproof, waterproof safe and every executor knows exactly where it is. Most people who keep their will at home have not told their executors its location. Register with the National Will Register as a secondary backup.
What happens to my will if the solicitor storing it closes down?
The SRA requires wills to transfer to a successor firm or an SRA-approved central repository. You should receive written notification. If you have not heard from a firm in several years, contact them proactively to confirm your will is still held and where.
Does registering with the National Will Register mean my will is stored there?
No. The National Will Register records the existence and location of your will — it does not hold the physical document. The original must be stored separately with a solicitor, at HMCTS, in a home safe, or another secure location.
What if a will is found after the estate has already been distributed under intestacy?
If a valid will surfaces after the estate has been distributed under intestacy rules, the people named as beneficiaries in the will may have a claim against those who received assets without legal entitlement. These situations are legally complex and fact-specific — immediate specialist advice is essential.
Can I store a will in a bank safe deposit box?
You can, but accessing the box after death may require the Grant of Probate that depends on finding the will. Give executors explicit written authority and access to the key, and check annually that the bank still offers the service — many have withdrawn it in recent years.
How do I tell my executors where the will is without sharing its contents?
Write a separate sealed letter stating only the storage location, the firm or facility name, the address, and any reference number. Keep it with your personal papers. Your executors have no right to see the will’s contents until after your death, so you can share the location without sharing the details.
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