What happens to the original paper will after probate?

poppystar

The idea that Probate registry might have failed to notice a missing page is hysterical and worrying. I mean they aren’t exactly speedy for many people so one would have hoped that that is because they are being thorough. The scanning happens on receipt before probate is granted doesn’t it? So the Will would have gone through the entire process with that missing page. I can’t imagine after probate they go back to the original paper copy to scan for the copy that will put into the public domain. 

Hopefully the solicitor will turn up a copy of the original that has all pages. I’m assuming OP that you have paperwork relating to the setting up of the trust - does that not refer to the original Will? 

BooJewels

That's the thing @poppystar - it's troubling in many ways.  It just shouldn't be possible to get to this stage and everyone have copies of the Will with the same missing page - some issued from the solicitor just after Probate and the digital copy available from the Gov site.  This suggests that the page went missing quite early in the process.

We've seen threads on here where Probate was delayed by HMCTS querying that a signature was below a line instead of above it and other tiny details.  So I would certainly hope for the fat fee being charged and the significant time it all takes, that Probate officers are paying sufficient close attention to pick up on such pertinent details.

But I'm starting to have doubts about just how careful any of this legal stuff is.  The will I downloaded myself recently from my MIL had several mistakes in it - the executor and main beneficiaries name and address was a mix of incorrect and incomplete and one sentence just stopped mid-word with a full stop and didn't make sense.  I've had a constant battle with conveyancong solicitors about details in important documents - even in the statement of account at the end, they somehow managed to spell my name three diferent ways.

It would certainly be my understanding that the will is scanned on arrival in the post and from there everyone works from that digital version and that's the same file you pay your £1.50 for.  It would be my guess that the paper copy is held for a few weeks until after Probate is granted, in case it is required to refer to, after which time it's sent off to wherever they archive the paper copies.  But where that is is the 6 million dollar question.

riholt

This is a very interesting thread. My guess is that the will was scanned incorrectly. All subsequent copies are taken from the same digital scan. You received the response: “We have checked the copy of the will against the copy we hold.” Note that they claim to be checking against a ‘copy’, not the original document. I would bet it’s the same digital copy that you have in digital and printed form.

Original wills are kept indefinitely. The issue I've had is trying to get HMCTS to acknowledge they hold them. Original wills are kept in deep storage and can apparently be requested by the probate registries. I made a Freedom of Information request for a historic will and was told by the Ministry of Justice that HMCTS do not hold original wills. I beg to differ based on HMCTS' own document retention policies. My complaint makes reference to some of HMCTS’ own documents that show they retain original wills forever. You can see the text of my complaint to HMCTS on the WhatDoTheyKnow website... search for: "Copy of Original Will" WhatDoThey Know (I haven't been around here long enough to post a link!).

Notice also that anyone can ask for a copy of an original will under Section 124 of the Supreme Court Act 1981. With historic wills, the copy you get is the registered copy… which is NOT the original will. It does not contain the signatures of the testator and witnesses like the scans of more recent letters of probate.

I would be interested in hearing if you have got any further with the original will being retrieved.

boingy

riholt said:

I would be interested in hearing if you have got any further with the original will being retrieved.

The short answer is "no".

The solicitors are still "checking" and the regional probate office, where I believe the original paper copy is most likely to be, don't seem to include "answering the telephone" amongst their skills. An email to their enquiries address got an auto-reply that said probate applications are currently taking up to 16 weeks. It didn't seem to occur to them that there may be other reasons for an enquiry.

I have uncovered one other interesting thing but I don't really want to share it on here we might be heading for a messy legal situation. I'll update as and when I feel it is appropriate.