Making a Will is one of the most important steps you can take to ensure your estate is dealt with according to your wishes. However, many clients often ask whether it is necessary, or even legally required, to register their Will.
In England and Wales, while there is no formal obligation to register a Will, doing so can offer significant peace of mind and practical advantages for both you and your loved ones.
In this blog, our Wills, Trusts and Probate solicitors explain the implications of not registering a Will, the benefits of registration, and how you can register your Will safely and securely with the National Will Register.
Is there an obligation for you to register your Will?
In England and Wales, you have no legal obligation to register your Will.
However, once your Will has been signed, it is helpful for you to inform the Executors of your Will where your original Will is stored as they will need the original document to deal with the administration of your estate.
What are the potential issues which may arise if I do not register my Will?
Unfortunately, it is a common situation when someone dies that their loved ones do not know where the original Will is kept or even whether they left a Will at all.
The bereaved relatives would then need to embark on a time-consuming process of calling local solicitors to check if any of them hold a Will at a very difficult time. It can prove tricky if the person who has died has lived in various places.
Whether someone has left a Will or not has a significant impact on the way the estate is administered and who has the authority to deal with the estate.
For example, if no Will can be found, the intestacy rules will apply to the division of the estate. As to who benefits from your estate under the intestacy rules, it will depend on which family members have survived you.
There is a risk that your relative could begin the process of applying to act as the administrator of your estate on the basis that you have not left a Will, only to find that a Will is found at a later date.
Alternatively, your relatives may not be aware that you made a later Will. The Executor of your old Will may therefore apply for the grant of probate to deal with your estate and fail to distribute the estate the way you intended.
This could lead to increased costs and potential claims against the estate.
What are the benefits to registering my Will?
Registering your Will offers several important benefits.
It increases the visibility of your Will, ensuring that it can be easily located after your death, which greatly reduces the risk of it being lost or overlooked.
Registration also helps to minimise the likelihood of legal disputes, as it creates a clear and traceable record of your intentions.
For family members and executors, knowing that the Will is registered provides peace of mind and reassurance that your wishes will be respected and carried out as intended.
How do I register my Will?
To try and help your loved ones locate your Will, one option you can consider is registering your Will with the National Will Register.
This platform allows you to record the existence of your Will and where it is located for a relatively small fee. It is then possible for a search to be carried out via a Will Search to find your Will when necessary.
The National Will Register has recently announced that it has registered more than 10 million Wills on its platform. The Wills register favoured by the Law Society is called the National Will Register.
Registering your Will with the National Will Register is a straightforward process. Once your Will has been signed and dated, you can follow these steps:
- Visit the Website
- Go to the official National Will Register website: www.nationalwillregister.co.uk
- Complete the Registration Form
- Fill in the registration form with the required details. You’ll need to provide:
- Your personal information
- The date your Will was signed
- The location of the original Will (e.g. solicitor's office, home safe, bank deposit box)
- Fill in the registration form with the required details. You’ll need to provide:
- Pay the Registration Fee
- There is a relatively small one-time fee for registration, which helps cover the maintenance and security of the register.
- Receive Your Registration Certificate
- After submission, you will receive a Registration Certificate confirming that your Will has been registered. Keep this with your records and let your executors or loved ones know about the registration.
We offer to register your Will with the National Will Register on your behalf once you have made your Will with us. If you would like further information, please contact our Wills, Trusts and Probate Team on 0161 941 4000.
Why is it important to keep your will registration up-to-date?
If you have already registered a Will with the National Will Register, it is important to ensure that you also register your most up-to-date Will.
Failing to do so may result in your loved ones relying on an outdated version, which could lead to assets being distributed to the wrong beneficiaries and your true wishes not being fulfilled.
By keeping your registration current, you help ensure that the correct Will is located quickly and efficiently when it is needed most.
It also reduces confusion and stress for your executors, provides clarity for your loved ones, and gives you peace of mind knowing your final wishes will be respected.
The challenging situation of a missing Will
Dealing with a missing Will can be stressful and time-consuming.
If it cannot be found, steps include searching the National Will Register, contacting local solicitors, and checking personal records or safe deposit boxes.
Without a Will, the estate is divided under intestacy rules, which may not reflect the deceased’s wishes. Registering your Will helps ensure it can be located when needed.
Contact Our Wills, Trusts, and Probate Lawyers
Dealing with a missing Will can be stressful and time-consuming.
If it cannot be found, steps include searching the National Will Register, contacting local solicitors, and checking personal records or safe deposit boxes.
Without a Will, the estate is divided under intestacy rules, which may not reflect the deceased’s wishes. Registering your Will helps ensure it can be located when needed.
If you would like further information, please get in touch with our Wills, Trusts and Probate Team on:
0161 941 4000
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Aalia Ijaz
Senior Associate
Aalia has 8 years of experience acting as a Wills, Trusts, and Probate solicitor. Aalia has specialist expertise in Wills, estate administration, Lasting Powers of Attorney, and Trusts.
About Aalia Ijaz