How will my executors know where my last Will is?

Although signing a Will is often viewed as the final step, the post-signing process is just as important and is frequently overlooked. Ensuring your completed Will can be easily located by your executors is vital, as it allows them to act quickly after your death. They must also have access to the original Will, as this is required when applying for probate.

Where should I store my signed Will?

The safest and most common option is to store your signed Will at your solicitor’s Will storage facility. Many law firms will offer this service free of charge if they have prepared your Will or if you are an existing client. You will usually receive a copy of the Will on completion, and it is recommended that this is stored with your important papers so it can be easily located by your executors. They can then contact the firm after your death to understand the next steps.

You may instead choose to store your Will in your home, but care should be taken, as it can be difficult for your executors to locate the document. Where possible, it should be kept in fireproof storage.

Whilst less common nowadays, some people choose to store their Will in their bank’s storage facility. However, it is not recommended to store your Will in a safety deposit box, as your executors may not be able to access it when required.

You should also be careful not paperclip, staple or attach any other documents to your original Will after it is signed as this can cause problems later on when your Will is sent to the Probate Registry.

Do I need to give my Executors a copy of my Will?

Your Will is a confidential document and you are under no obligation to disclose its contents to anyone.

Therefore, whilst it is advisable to check with any individuals you have appointed as executor to ensure they would be willing to take on the role, you are not required to give them a copy of the Will. Instead, you should let them know the law firm that they should contact in the event of your death or where any copy or original Wills are kept and how to access them.

In fact, handing out copies can cause confusion if you later decide to change the clauses in your Will without telling the executors. If they are unaware of a later Will, it could mean that they act on the basis of your old Will which could cause significant problems in the estate administration later on.

If you do wish to circulate a copy of your Will to your executors or family, ensure that you mark this as a ‘copy’ to avoid any uncertainty.

What should I do if I make a new Will?

If you make a new Will or a codicil to it, then it is important to:

Keep a copy of the new Will and any codicils with your important papers so that it will be easily located by your executors;
Destroy any copies of the old Will that you have at home to avoid confusion for your executors later on;
Notify your previous solicitor that you have made a new Will and that your old Will is revoked; and
Let anyone who held a copy of the old Will know that it is no longer valid and ask them to destroy it.

These simple steps will help prevent issues and avoid unnecessary costs or delays arising from executors acting on an incorrect document or needing to carry out a Will search.

If you would like assistance on making or updating your Will, please contact Karmen Ko in our Private Client team for tailored advice.