Storing a will

Nedwillow

I am resident Spain but have made a UK will to cover my UK assets, which just needs to be signed when I come to the UK in June.

But I was wondering about the storage of the will. I know most people leave it with the solicitors who wrote it, but I also see that it can be deposited with the HMCTS for a one-off fee, either by post or, preferable for me, in person at one its offices (Oxford in my case).

I mentioned this to the solicitor, who simply responded there is no national will register now but that they are happy to store it. In fact, I read that there is a National Will Register, although that isn’t what I was asking about.

I’m more concerned about my will being safely stored. A friend who made his will 20 years ago gave me the name of the solicitor he had used and I discovered they had closed suddenly around 4 months ago and he knew nothing about it. He has contacted the Solicitors Regulation Authority, who are on the case, but I find it worrying he wasn’t immediately informed.

I have written to the HMCTS to ask about depositing a will in person. But am I complicating all this and worrying unnecessarily? Should I just leave it with the solicitors who made it, or is the HMCTS a good idea if I can arrange it while in the UK?

GrubbyGirl_2

I kept my own and it's in a fire safe with other important documents. I decided to do that as I couldn't be sure my beneficiaries would know where to look except with my other paperwork

Markdavid1962

I assume you have a "spanish will" which mentions your UK will, so the UK will overrides the Spanish will.

I have done the same, but with my Spanish and UK will's kept at UK Solicitors and Notary in Spain and copes in both safes.

MyRealNameToo

The National Will Register is just a for profit company thats set this up as a business venture… its got an endorsement from the Law Society so its not a fake it til you make it kind of organisation but its not equivalent to the likes of the Motor Insurers Database that was created by legal statute and is a non-profit organisation. There is a risk it could go bust, though it's a big firm but PE backed, and given there's no statutory backing there isnt an automatic rescue or saving of the service.

Would have thought most that do will writing services would know of it but that doesnt mean they subscribe to it or think its a good idea.

When a solicitor firm goes bust the SRA automatically takes all their records to another law firm. This is recorded. Unfortunately law firms going bust isnt that uncommon and so it's often found that the receiving firm has also subsequently gone bust. You have to follow each hop though, the SRA doesnt go back and update their records (ie you have to go A→B→C→D rather than being able to go A→D). Helped a few friends with it and each time managed to trace the ultimate receiving firm via the SRA website.

Obviously solicitors are human and mistakes can happen but it's fairly rare that the will can't be traced. Have helped

HMCTS dont have a perfect record either, took an age to find my adoption papers, they did eventually managed to do it but said it had been filed under the wrong date

Nedwillow

https://forums.moneysavingexpert.com/discussion/comment/81999632#Comment_81999632

I made my Spanish will a couple of years ago before I had any assets in the UK, but since then I have money in a UK bank from an inheritance. Not sure why you say "so that your UK will overrides the Spanish will".

Both wills leave everything to my Spanish partner, without specifying specific assets. But my UK will specifies that it only applies to my UK-based assets, specifically so it does not revoke my Spanish will.

poseidon1

UK solicitors both large and small have been going bust or shut down by the SRA for irregularities with disturbing frequency.

Strongly reccomend storing will with HMCTS per below -

https://www.gov.uk/government/publications/store-a-will-with-the-probate-service/how-to-store-a-will-with-the-probate-service

Savvy_Sue

My vote would also be for HMCTS, even if you have to post it. Give the retrieval code to your executors.

Markdavid1962

Nedwillow, the reason why I mentioned English will and english law in my Spanish will, is that you want your Spanish will to follow English Law, as per EU Regulation 650/2012, UK nationals can elect English law for their Spanish estate, as long as it’s clearly stated in the Spanish will. The link below explains it

EU Succession Regulation Explained | Expat Inheritance Guide

badger09

I signed my (updated) Will last week and rather than have it stored by STEP solicitor who assisted me, have decided to store it @ HMCTS. Should make process, costs £23. The fact that solicitors’s firm is merging at the end of the month reinforced my decision. The last thing my Executors need is a game of Hunt the Will.

Nedwillow

https://forums.moneysavingexpert.com/discussion/comment/82000178#Comment_82000178

I see. I thought you were referring to each will explicitly stating that it only applies to its specific jurisdiction: i.e., the UK will only covers UK assets and the Spanish will only covers Spanish assets, so there would be two separate independent probate processes.

But I am aware of the option to choose which law applies and the issue of forced heirship in Spain but this is not a concern. I have left everything to my Spanish partner, and neither of us has any living parents or children, so we can dispose of our estates fully as we see fit.