Summary of Consultation Response on Storage and Retention of Original Will Documents

In December 2023, the Ministry of Justice (MoJ) launched a consultation on the storage and retention of original will documents, proposing to digitise wills dating back to 1858 and destroy the paper originals, except those belonging to notable historical figures.

The consultation closed on 23 February 2024, with nearly 1,600 responses from legal professionals, genealogists, archivists, and the public. Most respondents opposed destroying original wills, citing concerns about their historical significance, authenticity, and legal reliability. Original wills were recognised as irreplaceable artifacts of social and cultural history, offering unique insights into past lives, relationships, property, and societal norms. Legal professionals also highlighted their importance in forensic analysis for contentious cases.

In January 2025, the MoJ responded to this feedback by announcing the retention of all original wills, acknowledging their value beyond probate requirements. The MoJ stated:

“The Government accepts that original will documents do represent a historic record which has a value in excess of the formal requirements of the probate process.”

This decision halts any plans for the systematic digitisation of older wills beyond current practices, which include digitising wills submitted since 2021 or upon request. The MoJ will instead explore alternative ways to manage storage costs, such as increasing fees for accessing archived documents.

For IRMS members who contributed to the consultation, this result demonstrates the significant impact of professional and public input in preserving the integrity and accessibility of original wills for future generations.

Source: Gov.uk - Consultation on Storage and Retention of Original Will Documents