R.E.S.P.E.C.T for your final wishes – top tips for storing your Will

News broke this week that a handwritten document, discovered wedged beneath the cushions of Aretha Franklin’s living room sofa, has been ruled by a US Probate Court as a valid Will, deciding the fate of the Queen of Soul’s multi-million-dollar estate.

The verdict ends a lengthy battle to establish whether this Will should supersede an earlier dated version found inside a locked desk drawer, determining who would inherit Franklin’s assets, ranging from property and cash to gold records, her fur coats and, of course, the copyrights to her music. 

In case you Think it may be a little risky to leave your Will between your sofa cushions and Say a Little Prayer that it’s discovered when you’re gone, we’ve compiled some top tips of other places you might choose to store it, as well as some important things to consider: 

 

1. Store your Will with a solicitor or Will-writer 

If you use a solicitor or Will-writer to prepare your Will, they will sometimes make a small charge or storage may be inclusive within their Will-writing service. Some may also offer storage services for Wills which they have not prepared. Just remember to check what procedures and insurance are in place in the event of the firm going out of business or if you may need access to your Will. 

As solicitors' firms are regulated by the Solicitors Regulation Authority, if the firm ceases to trade or merges with another firm, all Wills stored with that firm will be transferred to another regulated firm and so your Will remains secure. They also have professional indemnity insurance, which ensures that, if your Will is lost or damaged due to the firm's fault, your estate is compensated.  

 

2. Lodge your Will with the Probate Service 

HM Courts & Tribunals Service offers a Will storage service. If you live in England and Wales, you can deposit your Will with them for just £20. This can be done by depositing it in person at your local probate registry, or you can send your Will by post.  

If you need to retrieve your Will from HMCTS, you can do so by completing a form, or your personal representatives can do so at the end of your lifetime. There is no fee for doing so.  

 

3. Avoid locking up your Will in a safety deposit box 

A common mistake is to lock away a Will in a safety deposit box in your bank. The problem with this is that probate - the legal right to deal with someone's property, money and possessions when they die - can’t be granted without the original Will. However, the box can’t be opened until probate is granted. So, it’s something of a catch 22 and a situation best avoided. Some banks will offer a Will storage service, which can be a good option so long as you ensure your executor can access the Will and knows where it is.  

 

4. Register your Will 

Although it’s not compulsory, it is a good idea to register your Will – for example, with the National Will Register, which keeps records of the whereabouts of nearly seven million Wills. Doing so can make it much easier for your personal representatives to locate the most up to date copy of your Will when you pass away. Many firms will do this on your behalf as part of the cost of preparing your Will. 

 

5. Don’t be afraid to talk about it! 

Depending on your circumstances, you might find it helpful to talk through your final wishes with your loved ones or, at the very least, to ensure they or your executor know where to find your Will when the time comes. It can help to put your mind at ease, and of course it helps ensure your friends or family understand how you’d like things to be taken care of when the time comes. 

Another good way to ensure your Will is easy to locate is to keep a copy with your other personal papers, along with a note confirming where the original is held. 

 

If you’ve gone to the effort of writing a Will that sets out your final wishes, please be sure to store it somewhere safe and sound, ensuring it will be easily found when the time comes. Make sure your executor knows where that is and, if you make any changes through a Codicil, be sure to store those in the same place too. And please remember we always advise speaking to a professional solicitor or Will-writer on all matter relating to your Will!

Find out more about writing your Will, and how to leave a gift to your favourite charities once loved ones are taken care of.