Knowing where to store your original will may seem like a small detail after you have finished your will-writing, but it can make a significant difference later. Your family and your executor need to know where the signed document is kept, particularly when they have to deal with your estate after your death.
For most people, the safest option is to arrange secure storage with the solicitor who prepared the will, although keeping the original safely at home can also work. The important thing is that the document can be found and produced when needed.
Family Lawyers Glasgow can advise on wills, executries and wider estate planning. If you have made a will but are unsure where the original should be kept, speaking to a solicitor can give you peace of mind and help avoid problems for your family later.
Why does where you store your will matter?
A will only helps your family if they can find the correct signed document after your death. In Scotland, the executor may need to produce the original will when applying for confirmation. Confirmation is the legal authority issued by the sheriff court that allows an executor to gather and distribute certain assets belonging to the deceased.
That is why simply having a digital scan or photocopy saved on your computer is not necessarily enough. A copy can help the family understand what you intended, but the original may still be required during the administration of the estate.
There can also be confusion where someone has made more than one will during their lifetime. Perhaps an older version sits in a drawer at home while the latest version is with a solicitor. If nobody knows about the newer document, the wrong will could initially be relied upon. This often comes as a surprise to families dealing with bereavement.
A sensible approach is to make sure the people who will need to act know that you have a will and where the original is held. You do not have to tell family members what the will contains. You simply need to leave clear instructions about where the document can be found.
If you have recently made a will, Family Lawyers Glasgow can discuss the practical arrangements with you, including where the original should be kept and how your executor can access it when the time comes.
Is it better to store your original will with a solicitor?
For many people, leaving the original will with a solicitor is the simplest option. Solicitors generally have arrangements for secure document storage, meaning the signed document can be kept away from the everyday risks that come with keeping important papers at home.
A solicitor may also have records showing when the will was prepared and who was appointed as executor. That can make matters easier when the firm is later contacted following a death. Most importantly, the original will should be kept in a place where the document can be located without relying on one person’s memory.
The Law Society of Scotland has a role in regulating the Scottish legal profession, but there is no single rule requiring every will to remain with the solicitor who drafted it. You can ask your solicitor what their storage arrangements are and whether there is a fee for keeping the document.
Some solicitors offer a dedicated storage service. Others may use an external storage facility designed for legal documents. You should ask what happens if the firm moves office, merges with another practice or closes. Those questions may feel unnecessary when you are signing the will, but they can matter many years later.
If your solicitor has agreed to hold your will, you should still tell your executor that the firm holds it. That way, your family does not have to search through cupboards and paperwork after your death trying to work out where the original went.
Can you store your original will at home?
Yes. There is nothing that generally prevents you from keeping your original will yourself. Some people prefer this because they want immediate access to every important document they own.
If you choose this route, think carefully about the location. A locked, fireproof safe can be sensible, provided your executor can access the safe after your death. A filing cabinet may also work, but keeping the will in an ordinary drawer where it can easily be misplaced is less reassuring.
You also need to think about damage. A flood, house fire or accidental disposal could destroy the original. Keeping your will in a damp garage, loft or shed is therefore usually a poor choice. The aim is to keep the document securely without making it impossible for the person dealing with your estate to find it.
There is another practical issue. If your will is stored at home and your family does not know about it, they may not find it. Scottish Government guidance recommends looking among personal papers, with relatives, in a bank or with the lawyer when trying to find a deceased person’s will.
If you decide to store your original will yourself, leave clear instructions about its location. You might tell your executor directly or leave a separate note explaining where the document can be found.
Does the National Will Register store the original will?
No. The National Will Register does not physically store your will. Instead, it records information about where your will is held so that the document can be traced later. The service currently records more than 10.5 million wills and is used by solicitors and members of the public.
This can be useful if you move house, change solicitor or simply forget where you placed the original. Registration does not replace secure storage. Your original still needs to be kept safely by the person or organisation recorded as holding it.
The National Will Register states that registration records details including the date of the will and location of the original. A copy of the will itself is not required for registration.
It is also worth understanding that registration is different from registering a will with a Scottish court. The Scottish Courts and Tribunals Service explains that a will may sometimes be registered in the Books of Council and Session, held by the Registers of Scotland, or in a sheriff court, although this is uncommon nowadays.
If you are considering registration, ask your solicitor whether this would be appropriate for your circumstances.
What happens to your will after you die?
After your death, your executor will normally need to locate your will before dealing with your estate. The will identifies the people appointed to act and sets out your wishes for distributing your property and other assets.
Where confirmation is required, the process involves an application to the sheriff court. For a large estate, Scottish Courts and Tribunals Service guidance states that the original will or testamentary writing should be produced, unless the relevant document has been registered and an extract can be provided.
The executor then has responsibility for dealing with the estate. This can involve identifying assets, paying debts and taxes, collecting money and property, and distributing what is left in accordance with the will and the law.
The position can become more complicated if no will can be found. An estate without a will may become subject to the rules of intestacy. That does not necessarily mean that a person’s wishes are ignored, but the distribution of the estate may be very different from what they intended.
For an executor, finding the original will early can therefore prevent unnecessary delay. If the document is lost or damaged, legal advice may be required to establish what can be done. A photocopy or other evidence may sometimes be relevant, but you should not assume that a copy automatically has the same status as the original.
What if you change your will or make a codicil?
Whenever you change your will, think about what happens to the previous version. The latest valid will normally needs to be clearly identified so there is no confusion about which document should be followed.
A codicil is a separate document used to make certain changes to an existing will. It should be kept with the will, and its location should be made clear. If the original will is held by a solicitor, tell them about the codicil and ask how both documents should be stored.
Do not simply make handwritten changes to an existing will and assume those changes will be legally effective. Depending on how the document has been altered, there can be questions about whether the amendment is valid or whether it could invalidate part of the document.
If your circumstances have changed significantly, a new will may be more appropriate. Marriage, divorce, separation, children, property purchases and changes to your finances can all be reasons to review your estate planning.
The same applies if your circumstances have changed since you granted powers of attorney. A power of attorney deals with your affairs during your lifetime and is separate from what happens to your estate after death. Keeping both sets of documents organised can make things much easier for those who may eventually need to act for you.
What should you tell your family about your will?
You do not have to give family and friends a copy of your will or tell everyone what you have decided. In many cases, you may prefer to keep the contents private.
Someone does need to know where the original is, though. Usually, that person will be your executor or another trusted individual who can tell the executor where to find it.
A simple instruction can be enough. For example, you might leave a note stating that your will is held by a particular solicitor, together with the firm’s contact details. If the original is kept at home, you can identify the safe or filing location.
You should also update those instructions if you move the will. Telling your executor that the document is stored with your solicitor is not much use if you later take it home and forget to mention the change.
It is a good idea to keep your will and related paperwork together where possible, while avoiding a situation where every document is kept in the same place and one incident could destroy everything.
What is the safest option for most people?
For many people, the easiest arrangement is to have the original will held by the solicitor who prepared it, provided the firm’s storage arrangements are suitable. You can then tell your executor where it is held and consider registering its location with the National Will Register.
Keeping the original at home can also be perfectly workable. The important points are that the document is protected from loss, destruction and accidental disposal, and that the person responsible for your estate knows where to find it.
The wider point is that will-writing should form part of your estate planning rather than being treated as a one-off paperwork exercise. Your circumstances can change over time. Your assets may change. Your family circumstances may change too.
Family Lawyers Glasgow, Complete Clarity Solicitors Family Law Team, can provide advice on wills and executries alongside related private client matters. If you are unsure whether your existing arrangements are still suitable, speaking to a solicitor can help you deal with the issue before your family has to deal with it for you.
Do you need advice about storing your will?
If you have already made a will but are unsure where the original should be kept, there is no need to leave the question unresolved. Ask the solicitor who prepared it about their arrangements, or speak to Family Lawyers Glasgow about your options.
If you are making a new will, you can also discuss storage at the same time. A properly prepared and safely stored legal document gives your executor a much clearer starting point when the time comes to deal with your estate.
Family Lawyers Glasgow can also advise if an existing will has been lost or damaged, if you are unsure which version is current, or if you need to review your arrangements because your circumstances have changed.
