Keeping a Will for your assets and properties in the United Kingdom (UK) at home can lead to various risks, such as damage from certain family members, natural disasters and other issues. That's why it might be wise to register and store the Will with Her Majesty's Court and Tribunal Service (HMCTC) for a small fee.
Yousafa Hazara, a Partner in Irwin Mitchell, a full service UK-based law firm, says keeping a Will at home can be risky and not just because it could be lost or accidentally destroyed.
Hazara mentions that in their experience with estate disputes, they often see that disgruntled family members find and sometimes destroy Wills when they are kept at someone's home. This makes it really tough for intended beneficiaries to prove that the Will existed and exactly what it stated."
Therefore, Hazara advises that whenever possible, the original Will should be lodged with the probate registry. This step can help ensure that its existence is not overlooked or ignored, especially in situations where family conflicts may rise.
Hazara says: "Good record keeping is still important to signpost the location of the Will to relevant individuals who may otherwise waste time searching for it."
Also read: Own assets in India and England? Why experts say you should make two separate Wills immediately
How to store a Will with HMCTC?
According to the UK government website, you can store your Will and/or codicils with HMCTS by posting it. The Will, and any codicils you supply, will be kept securely and you or your dependents can withdraw it at any time after your death.
If you need any help with storing a Will or codicil, then you can call the probate helpline: Telephone: 0300 303 0648 (Monday to Friday 9am to 1pm, closed on Saturdays, Sundays and bank holidays)
The UK government website also said that there is a one-off charge of £23 to deposit a Will or its codicil, payable by cheque or postal order to Her Majesty (HM) Courts and Tribunals Service.
Also, the UK government website said that if you need to store both the Will and its codicil, include them together in one envelope. That way you will not be charged separately for each item.
The UK government said: "You may be able to get help with fees if you get benefits or are on a low income."
Send the Will by post
According to the UK government website, before you send your Will and/or codicil to be stored, make a copy to keep for yourself.
- Download and print label PA7ENV.
- Fill in all details on the PA7ENV label in BLOCK CAPITALS.
- Put the will and/or codicils in an envelope.
- Get a witness to sign the PA7ENV label.
- Attach the label to the envelope containing the will and/or codicils.
- Put the envelope containing the will and/or codicils in a larger envelope, along with a cheque or postal order for £23 made payable to 'HM Courts and Tribunals Service' - unless you've applied for help with fees.
Where to post the Will and/or codicils
According to the UK government website, you need to send the larger envelope with everything inside it by recorded delivery to:
Newcastle District Probate Registry
2nd Floor
Kings Court
Earl Grey Way
North Shields
NE29 6AR
The UK government said on its website: "Once you have sent in or delivered your Will, it takes around two weeks for it to be lodged and you will then be sent a lodgement certificate."
You need to inform HMCTS if you have applied with help with fees option
The UK government website also said that if you're applying for help with fees, you'll need to let HMCTS know. If you applied for help with fees online, you can either:
- Write your help with fees reference number on a piece of paper and add it to the envelope with the will and/or codicils
- Send an email with your help with fees reference number to probatehelpwithfees@justice.gov.uk, telling them that you've applied for help with fees put 'HWF/[Will lodgement]/[full name of testator]' in the email subject line
- Add the completed form EX160 in the envelope with the will and/or codicil(s)
- Photograph or scan the completed EX160 and email it to probatehelpwithfees@justice.gov.uk (make sure the photograph or scan is readable) and put 'HWF/[Will lodgement]/[full name of testator]' in the email subject line