In the UK, anyone can request a copy of a will once it has been granted probate. This means that after the will has been officially recognised and processed, it becomes a public document. Specifically, family members, beneficiaries, or any other person is entitled to view the details of the will.
This allows transparency and means that people are able to check that the distribution of the deceased's estate is handled according to their wishes as stated in the will. Allowing public access helps keep the process fair, and is also useful for genealogical research or legal claims against the estate.
In this article, we’ll go over everything you need to know to locate a copy of a will in the UK, including step-by-step instructions to follow, the fees involved, and what to do if you’re having trouble locating a copy.
A Copy of a Will from the Probate Registry
The Probate Registry plays a crucial role in the UK's legal system when it comes to wills and estates.
The Probate Registry is responsible for:
- Processing Applications for Probate: This includes examining wills to ensure they are valid and officially recognising the executor named in the will.
- Storing Wills: Once probate has been granted, the Probate Registry keeps a record of the will, making it available for public access.
Other Relevant Legal Bodies:
Apart from the Probate Registry, other legal bodies involved in the process include:
- The High Court: Deals with disputes and challenges against the terms of a will or its execution.
- Solicitors: Often assist in drafting wills, applying for probate, and managing disputes or claims against estates.
Read more about will storage.
Step-by-Step Guide to Obtaining a Copy of Will Online
Rest assured, getting a copy of a written will online is a really straightforward process. Here’s a step-by-step guide to help you navigate through it smoothly.
How to locate the will:
- Using Gov.uk: Start by visiting the Gov.uk website. Use the search function to find the 'Find a Will' section, which allows you to search for wills that have gone through probate.
How to pay the fees:
- Fees: Currently, there is a fee to obtain a copy of a will, which is £1.50 per copy (whether you search for this online or by post). You’ll receive a copy of the grant of representation and the will, if there is one.
- Note: If the person died in the last 6 months probate may not have been granted yet. You can use form PA1S to ask to be sent a copy of a probate if it’s granted in the next 6 months. This is called a ‘standing search’ and it costs £3.
- Payment Methods: You can pay the fee online using major credit or debit cards on the Gov.uk website, or if you are unable to do this you can download form PA1S. The form will have an address to send it to together with your cheque. This service will take 4 weeks
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Obtaining a Copy of a Will: Special Scenarios
There are a few scenarios where you may find it tricky to locate a will through the traditional channels:
Wills Not Yet Processed Through Probate
When dealing with wills not yet processed through probate (usually when a person has died within the last 6 months), finding information can be a bit more challenging. Typically, these wills are not publicly accessible, and only certain individuals such as named executors or immediate family members may have rights to access them.
In these cases, it's important to contact the solicitor handling the estate or the probate registry for guidance on how to proceed, keeping legal boundaries and privacy considerations in mind.
Accessing Older Wills
If you’re interested in accessing older wills, you’re most likely doing some genealogical research. The process for locating these older wills can vary depending on how far back you need to go.
Many older wills are held in digital archives as well as in physical repositories. To find these wills, you can start by searching online databases provided by national archives or local government websites, which often include records of wills and probate details.
If the will predates digital records, contacting local archives or libraries in the area where the deceased person lived can be helpful. These institutions can guide you on how to access historical documents related to estate settlements.
In conclusion, accessing a will in the UK doesn't have to be a difficult process. Whether you’re looking for a recently probated will or digging into historical records to trace your family tree, understanding your rights and knowing the correct steps can make all the difference.
Who Keeps the Original Copy of a Will UK?
In the UK, the original copy of a Will is typically kept by the testator (the person who made the Will) in a safe and secure place, often at home.
However, many people choose to store the original with a solicitor or a Will-writing service, which may provide professional storage to ensure the Will's security and accessibility when needed. Some banks also offer storage services for a fee, though this has become less common over time.
Another option is to register the Will with the National Will Register, which does not store the Will itself but records its location to assist executors in locating it after the testator’s death. It’s crucial for the executor or trusted family members to know where the original Will is stored, as they will need this document to start the probate process.
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