IPW Welcomes Government Decision To Retain Original Wills

The Ministry of Justice has decided to retain all original wills following a thorough public consultation that revealed strong opposition to their destruction.

The consultation, launched in 2023, was initiated to address the logistical and financial challenges of maintaining an archive of over 110 million original wills, with annual storage costs estimated at £4.5 million. Proposals included digitising the documents and destroying the originals, except for those belonging to notable historical figures.

While some respondents supported digitisation to improve accessibility, the majority strongly opposed the destruction of paper wills. Concerns focused on the historical value, authenticity, and legal validity of original documents. Issues such as the risk of errors during digitisation, the potential obsolescence of digital formats, and vulnerability to cyberattacks were also highlighted.

It was vastly highlighted the unique insights Wills offer into past lives, family dynamics, property ownership, and societal norms. Legal professionals also emphasised the importance of paper documents for forensic analysis in contested cases.

Our Chair and Head of Training, Sue Ioannou, praised the decision, stating:

"We welcome the government’s decision to retain all original wills indefinitely moving forward. This marks a significant step in ensuring the long-term security and accessibility of crucial legal documents that safeguard the wishes of individuals and protect the rights of beneficiaries.

By preserving original wills indefinitely, the government is strengthening trust in the legal system, preventing potential disputes, and ensuring that historical records remain intact for future generations. This decision provides reassurance to families, legal professionals, and researchers alike, reinforcing the importance of maintaining a clear and verifiable record of individuals’ final intentions.

We look forward to further details on how this policy will be implemented, including measures to ensure efficient storage, security, and accessibility of these documents. We also encourage the government to engage with stakeholders to ensure that the process remains both practical and beneficial to all."