In December 2023, the Ministry of Justice (MoJ) launched a consultation on the storage and retention of original will documents, proposing that wills dating back to 1858 could be digitised, with paper copies destroyed except for those belonging to notable historical figures.
The consultation, which closed on 23 February 2024, received almost 1,600 responses from legal professionals, genealogists, archivists, and members of the public. The majority strongly opposed the destruction of original wills, raising concerns about:
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Historical and cultural value: Original wills provide unique insights into social history, relationships, and property ownership.
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Legal reliability: Handwritten documents play a vital role in forensic analysis and in resolving disputes.
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Authenticity: Originals were recognised as irreplaceable artefacts that cannot be fully substituted by digital copies.
MoJ Response
In January 2025, the MoJ announced that all original wills will continue to be retained, acknowledging their importance beyond the probate process. The Government 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 brings an end to any immediate plans for the large-scale digitisation and destruction of older wills. Current practices, such as digitising wills submitted since 2021 or on request, will continue. Instead, the MoJ will explore alternative ways to address storage costs, including potential increases to access fees for archived documents.
Why This Matters
For IRMS members and others who contributed to the consultation, the outcome demonstrates the value of professional and public engagement in shaping Government policy. The decision safeguards the integrity, authenticity, and accessibility of original wills for future generations.
Source: Gov.uk – Consultation on Storage and Retention of Original Will Documents
