Is it time for a central will register??

Sea_Shell

On this board we hear of too many instances where wills have been mysteriously rewritten, under dubious circumstances, with very little, if nothing, in the way or recourse by family after the death of the testator.:(

With such large amounts at stake these days, family homes etc. should there now be official will registration in a similar way to how LPAs have to be registered??

Also should limited information be made public? Name of testator, date of will, Executor (s), ??

I realise the system could still be open to abuse, but surely something's got to be better than the "Wild West" free for all we seem to have at present.

Thoughts???

Sea_Shell

Sorry, should have posted in Deaths & Probate. Can someone move please. Thanks.

tacpot12

Yes, given the range of problems seen on MSE I think we do need a central registry for wills. Such a service might also allow people to register that they wish to die intestate.

I was discussing this issue with a friend only yesterday. The question of whether the register of wills should be publicly accessible before the testator died was raised- what do others think?

Primrose

A centralWill registry is probably a good idea but at a time when all government services are strapped for cash I wonder whether there is the desire there to fund it.

Certainly for those living alone or with no immediate close relatives who you could tell "My Will is in the left hand drawer of the bureau or stored at xxx's solicitors, it could be useful.

I'm u sure what the OP means by the question of whether the register of wills should be publicly accessible before a testator's death? The fact that they have actually made a Will, or details of the contents?

Certainly the contents should not be made public.. They are completely private. As to whether somebody has actually made a Will, it depends who would want to know. Some distant relative wondering whether Uncle John made his Will 30 years ago or whether he,s updated it recently in favour ofhis new or latest lady friend so another family member is unlikely to get a mention? No, I think that's entirely his business.

Tom99

I would expect that 99.9% of wills cause not problem at all.
Many people do not have a will when really they should. Forcing some sort of registration which is bound to come with a lot of rules, regulations and cost is bound to reduce that number.

getmore4less

Who is paying for this compulsory register?

Around 50% of estates never go to grant will that now also be compulsory?

Mojisola

Primrose wrote: »

A centralWill registry is probably a good idea but at a time when all government services are strapped for cash I wonder whether there is the desire there to fund it.

It already exists as a voluntary arrangement -
https://www.gov.uk/government/publications/how-to-deposit-a-will-with-the-probate-service-a-guide-for-people-who-want-to-deposit-a-will-for-safekeeping-pa7

getmore4less

The other issue is that register does not solve the problem unless you check every will going in.

Then means ID check and capacity checks.

The LPA system won't be good enough, no one checks those.

Sea_Shell

Thanks for all your thoughts on this. As has been said, it would be a cumbersome system which might stop a small fraction of frauds taking place. But it is worrying that there doesn't seem to be a central governing body that can at least deal with initial queries of this nature.

Also, is there anyone you can report an Executor too, if you suspect wrongdoing?? Basically ignoring what's in a will and trousering the estate for themselves (if no probate was required).

AnotherJoe

Sea_Shell wrote: »

On this board we hear of too many instances where wills have been mysteriously rewritten, under dubious circumstances, with very little, if nothing, in the way or recourse by family after the death of the testator.:(

With such large amounts at stake these days, family homes etc. should there now be official will registration in a similar way to how LPAs have to be registered??

Also should limited information be made public? Name of testator, date of will, Executor (s), ??
Absolutely not ! That would be a huge breach of a persons privacy. It could lead to horrendous pressure on elderly people who for their own reasons may wish to change their wills without getting pressured by relatives and will now not be able to do this secretly and might not do it at all as a result.


I realise the system could still be open to abuse, but surely something's got to be better than the "Wild West" free for all we seem to have at present.
Hmmmm.
Something must be done.
This is something.
Therefore this must be done.


Thoughts???

No. Consider the downsides if by "official" you mean" mandatory"

An otherwise valid will, becomes invalid if the person making it skips that step, knowingly or unknowingly. I can see many making a will, "getting round to registering it later", forgetting or being unable to.
An otherwise valid will, becomes invalid if the process of registering it fails (which is inevitable for a small %)
Given there's some more bureaucracy involved, a % of people will say "cant be bothered" so you'd have fewer wills.
There is already a National Will Register that people can use. Its just not mandatory. And it should remain that way. https://www.nationalwillregister.co.uk/

For every complex problem there is an answer that is clear, simple, and wrong.

H. L. Mencken

Tom99

AnotherJoe wrote: »

There is already a National Will Register that people can use. Its just not mandatory. And it should remain that way. https://www.nationalwillregister.co.uk/

That is not a publicly provided service like the Probate service referred to above, just a company who, for £30, will make a note that you have hidden your will in the attic but charge another £46.50 to search their 'register'.
The Probate service is £20 to store the will and no charge for executors to withdraw the will.