By Simon Barber, Technical Manager at Title Research
Following a public consultation, the Ministry of Justice has announced it will not be going ahead with plans to no longer retain original Wills and move to a digital only storage system. Title Research welcomes this decision, due to the vital role historic Wills play in our genealogy research.
For 60 years, Title Research has specialised in supporting the legal sector with genealogical research primarily identifying and locating heirs to estates. A vital part of establishing the full extent of entitled beneficiaries is to examine the Wills and other probate papers of family members, which often contain information about additional relatives unknown to others. On many occasions we have identified either further lines of enquiry to locate missing beneficiaries, or even further beneficiaries just by reading a historic Will.
With very few exceptions, once probate is granted, Wills become a public document available to anyone willing to pay the statutory fee to receive a copy. Whilst digitisation would potentially make it easier for us to access these historic documents, the retention of the original Wills by the Department of Justice will remove the risk that a vital document used to prove entitlements will be erroneously destroyed and therefore no longer available to us.
The consultation outcome
In December 2023, The Ministry of Justice launched a public consultation on the storage and preservation of Wills and other documents that are used in probate applications. The consultation received almost 1,600 responses from members of the public, family historians, genealogists, legal professional bodies, family history societies, and historical associations. The majority of respondents strongly opposed any destruction of original Wills, but did support the digitisation of Wills if the original document was also retained. There was much concern over only retaining a digital record of a Will or other document, including:
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Whether digital copies would have durability as technology advancements could make them inaccessible or obsolete in the future
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The risk of cyber-attack causing digital records to become damaged or misappropriated
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The costs associated with digital storage and copying
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Whether digital copies would be authentic as comparison to an original document with a wet ink signature would no longer be available
Unsurprisingly, genealogists who responded stated that the preservation of original Wills was critical, and the current law recognised their value as a public, historic record by offering safe storage.
The Government’s final decision was to not pursue any reform involving the destruction of original Wills. They have assured the public that they will look at other ways to offset the costs of storing the vast Wills archive which dates back to 1858.
Obtaining Wills and certificates with Title Research
Title Research can help you obtain Wills and other documentation to confirm entitlement, such as birth, marriage, and death certificates. We cover all UK jurisdictions and provide fixed fees. We can also obtain overseas documents in many jurisdictions, so please get in touch if you need assistance.
If you’d like to find out more about how Title Research can help with obtaining Wills and other documentation, call our Client Services Team on 0345 87 27 600 or email fill in the form below.
Sources:
https://www.gov.uk/government/consultations/storage-and-retention-of-original-will-documents
https://todayswillsandprobate.co.uk/consultation-outcome-government-decides-to-preserve-all-original-wills-after-public-outcry-against-destruction/
Topics: Genealogical research, Wills, Electronic Wills
