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Storing a Will with HMCTS - do I need to ring bind the Will ?

sky_rat
sky_rat Posts: 275 Forumite
Part of the Furniture 100 Posts Name Dropper Combo Breaker
edited 5 June at 8:49PM in Deaths, funerals & probate

I have created a Will using Which…

https://whichwills.which.co.uk/

I printed the Will on a laser printer (using standard paper) and its been signed by myself and two witnesses. I have also made a few copies to keep for myself.

Now I want to store the original Will with HMCTS….

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

Can I just send the Will to HMCTS or does it need to be ring bind before I send it ?

The Which will guidance says…

Once your will is complete, you should print it on durable paper. You must securely fasten the pages together, to protect against the risk that your will may be fraudulently altered (and to satisfy the Probate Registry that this has not happened). Ideally you should have it bound using a binding machine (these can be found in copy shops or in some libraries), but using staples would be acceptable. Note however that problems can arise at the Probate Registry if it appears that the staples have been tampered with, since this can raise doubts as to whether part of the will has been removed or substituted. For the same reason, it is not sensible to use paperclips.


Although I don't see how ring binding it would prevent it from being tampered with ?

Comments

  • RAS
    RAS Posts: 36,676 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    Ideally, stapling before signing would have been good, as the witnesses could testify that it was in that condition when signed.

    If you have any intention to photocopy for your own use, you can do so before fastening.

    If you want to make a copy that could used in an emergency if the original went missing (very occasionally when sent to probate), copy after fastening together. Any discrepancy in fastening leads to queries, evidence of creases indicates a secure document.

    If you want to delay probate by months and cause an investigation, remove the staples or other fastening, copy and refasten. They'll spot every small discrepancy in alignment.

    By the way, apart from the obvious registers no longer accessible for public review, amongst the gems I've used in family history is an original paper from 1592. It was in an estate archive, in pristine condition 420 years later and probably viewed a handful of times since being annotated 2 centuries ago. I suspect paper will outlast many of the current storage formats.

    If you've have not made a mistake, you've made nothing
  • poseidon1
    poseidon1 Posts: 2,999 Forumite
    1,000 Posts Second Anniversary Name Dropper

    Ring binding is an obvious tamper risk and clearly cannot be construed as securely fastened.

    Follow the instructions for securely fastening the document if you don't want your executors facing the risk of complications when time comes to prove the will.

    In the meantime see blog below, I suspect you have already committed a minor breach by executing the will prior to securely binding it. Did you paper clip the pages prior to execution by any chance?

    https://harpendenwills.co.uk/blog/f/how-should-wills-be-bound

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