The Ministry of Justice has announced its decision to retain all original wills following an extensive public consultation that revealed overwhelming opposition to their destruction.
The consultation, launched in December 2023, sought views on transitioning to a digital-only system for storing wills and other probate documents. However, the feedback highlighted the public’s deep attachment to these historical records and significant concerns about the reliability of digital alternatives.
The consultation aimed to address the growing logistical and financial challenges of maintaining a vast archive of over 110 million original wills, with annual storage costs estimated at £4.5 million. Proposals included digitising the documents and destroying originals, except for those of notable historical figures.
While the digitisation idea was supported by some respondents for improving accessibility, most voiced strong objections to discarding paper wills. Concerns centred around the intrinsic historical value, authenticity, and legal reliability of original documents. Respondents highlighted issues such as the risk of errors during digitisation, potential obsolescence of digital formats, and vulnerability to cyberattacks.
The consultation received nearly 1,600 responses, with a diverse range of stakeholders, including legal professionals, genealogists, archivists, and members of the public. The majority opposed any reform that involved destroying original wills, arguing that these documents are irreplaceable artifacts of social and cultural history. Critics also expressed unease with the proposal to preserve only the wills of notable figures, describing it as elitist and impractical.
Many respondents emphasised that wills offer unique insights into past lives, detailing family relationships, property ownership, and societal norms. Legal professionals underscored the value of paper documents for forensic analysis in contentious cases.
In its report, the Ministry of Justice acknowledged the compelling arguments against the destruction of original wills. The report 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.”
The decision effectively shelves any plans for systematic digitisation of older wills, beyond the current practice of digitising wills submitted since 2021 or upon request. However, the Ministry has committed to exploring alternative measures to manage costs, such as increasing fees for accessing archived documents.
The decision to preserve all original wills leaves unresolved questions about managing the extensive archive. With limited resources, the Ministry will need to balance preservation efforts with competing priorities. It is also reviewing the fees for accessing wills.
As part of a broader review of probate and will laws, the Ministry will consider recommendations from the Law Commission, which is set to release its final report on the law of wills later this year.
Respondents highlighted that original wills are not just legal documents but valuable cultural artifacts. The Ministry’s decision recognizes these broader values and responds to public demand for a more inclusive and equitable approach to historical records.
