Storing your Will

Why store your Will with us?

We can store the original copy of your Will in a professional document storage facility so you don’t need to worry. We’ll even provide you with a copy for your records.

What is professional Will storage?

Will Storage is a secure and reliable document storage service offered by Hillman Legal Partherships that allows you to safeguard your Last Will and Testament documents in a safe place.

This service involves the safekeeping of your original Will in a protected and secure environment.

The importance of Will Storage cannot be understated, as it ensures that your Will remains preserved and accessible when needed the most.

Here are some key reasons why Will Storage is essential:

Security: Storing your Will with a reputable law firm ensures it is protected from theft, damage, or accidental loss that might occur if kept at home.

Accessibility: When your Will is stored with us, it can be easily accessed by your designated beneficiaries or executors, saving them time and potential complications during the probate process.
Confidentiality: Will Storage maintains the confidentiality of your testamentary wishes, preventing unauthorized access or tampering.
Legal compliance: Storing your Will with professionals helps ensure that it complies with all legal requirements and formalities, reducing the risk of challenges or disputes later on.
Peace of Mind: Knowing that your Will is stored in a safe place gives you and your family members peace of mind, knowing that your final wishes will be carried out as intended.

By utilizing our Will Storage service, you can rest assured that your important legal document will be well-protected and easily accessible when the time comes, providing a secure foundation for your estate planning and protecting the interests of your beneficiaries.

Have some more questions? Don’t hesitate to call us on 0800 29 88 66 1 or 020 8340 3102

Do I need to store my Will professionally?

You don’t have to, but be aware that the original versions of Wills and LPAs (Lasting Power of Attorney) are the only legally binding versions.

If you lose the original Will you might find it’s open to challenge, or you’ll have to pay to make a new one.

It also means that we can make any changes and updates to your documents more easily and affordably, if we have access to them in our storage facility.

You should update your Will following any significant life event, such as a new home, new life-partner or an addition to the family like a new child or grandchild.

Having your Will in secure storage makes all of this more convenient for you.

WHAT IF I LOSE THE ORIGINAL COPY OF MY WILL?

When a person dies without a valid Will or if the Will cannot be located, the estate is referred to as "intestate."

In such cases, the distribution of assets will be governed by the laws of intestacy, which vary depending on the jurisdiction.

These laws may not align with the deceased person's actual wishes and may result in assets being distributed among family members according to a predefined legal formula, which may not reflect the deceased's intentions.

This is why keeping the original Will safe in secure location is essential to prevent loss, damage, or tampering.

Safeguarding the original Will in a controlled and protected environment, such as with our Will Storage service, significantly reduces these risks, enabling easy access to your designated beneficiaries or executors.

IS THERE A LIMIT TO THE NUMBER OF AMENDMENTS OR UPDATES I CAN MAKE TO MY WILL WHILE IT’S IN STORAGE?

There is no strict limit to the number of amendments or updates you can make to your Will while it's in storage with our law firm.

We understand that life circumstances can change, and your estate planning needs may evolve over time.

As such, we encourage our clients to review their Wills regularly and make necessary updates to ensure their testamentary wishes accurately reflect their current intentions.

When you choose our Will Storage service, you can enjoy the flexibility of making changes to your Will as needed, while knowing that we are keeping your will safe at at all times.

Here's how the process typically works:

Revision procedure: To make updates to your Will, you can schedule an appointment with one of our experienced estate planning attorneys. During the meeting, you can discuss the changes you wish to make, whether it involves altering beneficiaries, updating assets, or modifying any other provisions.
Legal review: Our team of solicitors will carefully review the proposed changes to ensure they comply with all legal requirements and formalities. This step helps avoid potential issues or challenges in the future.
Execution: Once the revisions are finalized, our team will assist you in executing the updated Will properly, ensuring all necessary signatures and witnesses are in place.
Storage of updated Will: The updated version of your Will is securely stored alongside the previous version in our storage facility. Both versions are kept safely, and the most recent version will be considered legally valid upon your passing.

It's important to remember that while you can make multiple revisions to your Will, each new version supersedes the previous one.

Therefore, keeping your Will up-to-date is crucial to avoid any confusion or unintended consequences.

What if i die and my will is in storage?

You just need to leave instructions with your executors and/or next-of-kin and they will be able to retrieve the documents by contacting our office.

Your beneficiaries will then be contacted as indicated in your Will.

HOW DOES WILL STORAGE HELP SIMPLIFY THE PROBATE PROCESS FOR MY BENEFICIARIES?

Will Storage significantly simplifies the probate process for your beneficiaries by providing a secure and easily accessible location for your Last Will and Testament.

When your Will is stored with our law firm, it ensures that your important testamentary document is readily available to your loved ones and appointed executors when the time comes to administer your estate.

The benefits of Will Storage in relation to probate include:

Quick access: Our firm's secure storage facility allows for swift retrieval of your Will after your passing, expediting the probate process and avoiding delays that might occur if the Will were kept at home or misplaced.

Document integrity: By keeping your Will safe with us, you can be confident that the original copy of your will remains intact and free from damage, preventing any potential disputes or challenges during probate.
Legal compliance: Our legal professionals ensure that your Will complies with all legal requirements, increasing its validity and reducing the likelihood of legal complications during probate.
Beneficiary awareness: Storing your Will with us allows your designated beneficiaries and executors to be informed of its existence and location, minimizing the chance of the Will being overlooked or overlooked during the probate process.
Expert guidance: In the event of your passing, our experienced estate planning attorneys can guide your beneficiaries through the probate process, providing support, and clarity during what can be a complex and emotional time.

By utilizing our Will Storage service, you provide your loved ones with the tools they need to navigate the probate process efficiently, ensuring that your estate is administered according to your wishes and distributed to your chosen beneficiaries with the least possible burden.

SHOULD I STORE MY WILL WITH THE PROBATE SERVICE (ENGLAND & WALES)?

The Probate Service, also known as the Government's Probate Registry, offers a storage facility called "Safe Custody" for Wills and codicils.

This service is available upon payment of a one-off fee to HM Courts and Tribunals Service (more info on GOV.UK).

Ultimately, the decision of whether to store your Will with the Probate Service, which only appies to England & Wales, depends on your personal preferences and circumstances.

Here are some factors to consider:

Limited accessibility: During your lifetime, you are only person with the authority to retrieve the will from the Principal Probate Registry in London. For instance, it is not possible to request a solicitor to do this on your behalf. After your death, accessing your Will from the Probate Service may involve some administrative procedures, and your beneficiaries might need to provide identification. and proof of death (e.g. death certificate).
Limited services: The Probate Service primarily offers storage, and additional estate planning services, such as legal advice or Will updates, will not be available.
Location: If you live far from a district probate registry, it may be less convenient to retrieve or update your Will.

If you prefer the convenience of accessing your Will more readily or desire additional estate planning services, you may want to consider our Will Storage services.

To discuss your specific situation and determine the best option for your Will storage, book a call with us today.

SHOULD I STORE MY WILL IN A BANK SAFETY DEPOSIT BOX?

The decision to store your Will in a bank safety deposit box depends on your individual preferences and circumstances.

While a bank safety deposit box can offer certain advantages, there are also potential drawbacks to consider.

Here are some factors to help you make an informed decision:

Limited access in your life time: Access to the safety deposit box may be restricted during certain hours or require advanced notice, making it less convenient for regular updates or revisions to your Will.
After-death accessibility: In the event of your passing, accessing the safety deposit box may involve additional steps, such as obtaining a grant of probate, which can cause delays during the probate process.
Dependency on the bank: If the bank closes or your relationship with the bank changes, accessing the safety deposit box may become challenging, potentially resulting in complications for your beneficiaries.
Lack of legal guidance: Banks may not offer legal advice or guidance related to estate planning, leaving you responsible for ensuring that your Will is properly drafted and executed.

Consider discussing your estate planning needs with a qualified estate planning attorney.

At Hillman Legal Partnerships we advise you on the best approach to storing your Will based on your unique situation.

HOW DO YOU GUARANTEE THE SAFETY OF MY WILL?

The Solicitors Regulation Authority (SRA) plays a crucial role in guaranteeing the safety and reliability of Will storage services provided by solicitors.

The SRA is the independent regulatory body that oversees solicitors and law firms in England and Wales.

Its primary objective is to protect the interests of the public by ensuring that solicitors maintain high standards of professionalism, ethics, and service quality.

To ensure the safety of Will storage services, the SRA sets forth several regulations and guidelines that solicitors must adhere to:

Compliance with Standards: The SRA establishes specific standards and requirements for solicitors offering Will storage services. These standards encompass the secure storage of Wills, protection against loss or damage, and confidentiality measures to safeguard clients' personal information.
Periodic audits: The SRA conducts regular audits and inspections of law firms to assess their compliance with the established rules and regulations. This ensures that solicitors are meeting the necessary criteria for providing secure and reliable Will storage.
Client protection measures: The SRA mandates that solicitors maintain adequate professional indemnity insurance to protect their clients in the event of any negligence or misconduct that could affect the stored Wills.
Complaint handling: The SRA has a complaint-handling process in place that allows clients to report any issues or concerns they may have about the Will storage services provided by solicitors. The SRA investigates these complaints and takes appropriate actions if necessary.
Continued professional development: Solicitors are required to undertake ongoing professional development to stay updated with changes in regulations and best practices. This ensures that they can deliver high-quality Will storage services that meet the SRA's standards.

DO YOU OFFER ANY ADDITIONAL SERVICES BESIDES WILL STORAGE?

Yes, in addition to our Will Storage service, out team of seasoned solicitors can help you with a whole range of additional services to complement your estate planning needs. These include:

Will writing services: Our experienced team of will writers can assist you in creating a comprehensive Last Will and Testament that accurately reflects your wishes and ensures your estate is distributed according to your preferences.
Setting up trusts: Trusts are powerful tools for protecting and managing assets for the benefit of beneficiaries. Our firm can help you establish trusts tailored to your specific requirements, such as revocable or irrevocable trusts, charitable trusts, or special needs trusts.
Probate: Dealing with the legal aspects of probate can be complex and time-consuming. Our probate services can ease the burden by guiding your loved ones through the probate process, ensuring the proper administration of your estate after your passing.
Inheritance Tax: Minimizing inheritance tax liability is crucial to preserving the value of your estate for your heirs. Our tax planning experts can devise strategies to reduce tax burdens and protect your assets.
Lasting Power of Attorney (LPA): LPAs empower you to appoint trusted individuals as your attorneys to make important decisions on your behalf in the event of incapacity or when you are unable to make decisions independently. This legal document ensures that your affairs are managed according to your wishes.