Making a will is an important step in planning for the future. It ensures that your wishes for your assets and loved ones are carried out after you pass away, allows you to appoint guardians for your minor children, and specifies any other wishes you have for your estate.
One often-asked question is whether it is necessary to register a will in the UK.
This article will explore the significance of a will, the benefits of registering it, and the methods of storing your will to make sure it is easily found and executed.
Table of Contents
- Do I have to register my will?
- What are the requirements for a will to be legally valid?
- What is the difference between registered and unregistered wills?
- What are the benefits of registering a will?
- How do I register and store a will?
- What happens if my will is not registered?
- How much does it cost to register a will?
Do I have to register my will?
In the UK, there is no legal requirement to register your will. You do not need to submit your will to any official registry or government body for it to be legally valid - the main requirement is that your will meets the legal standards for validity.
What are the requirements for a will to be legally valid?
To ensure your will is legally valid, it must meet the following criteria:
Your will must be in writing. This means it can be handwritten, typed, or printed, but it can't be an oral declaration.
You must sign it. Your signature should be at the end of the document.
Your will must be signed by you in the presence of at least two witnesses. These witnesses must also sign the will in your presence. They should be independent and not beneficiaries of the will.
You must be at least 18 years old and of sound mind when making the will.
You must have the intention that the document you are signing is your will and reflects your wishes.
What is the difference between registered and unregistered wills?
A registered will has been officially recorded with a will registration service.
In the UK, this service is usually provided by private companies rather than the government. When you register your will, you give details about where the original will is stored which can make it easier for your loved ones to find it when you pass away.
An unregistered will is simply a will that has not been recorded with a registration service. Most wills in the UK are unregistered, as there is no legal requirement to do so.
What are the benefits of registering a will?
One of the primary benefits of registering your will is that it makes it much easier for your loved ones to find it after you pass away. When a will is registered, the details about where it is stored are recorded with a registration service. This means your family and executors can quickly access this information and locate your will without any confusion or delays.
Secondly, by registering your will, you reduce the risk of it being overlooked or lost, which helps to ensure that your estate is distributed according to your specific instructions. This can prevent the complications and disputes that often arise when an estate is handled under intestacy rules, which occurs when someone dies without a valid will. In such cases, the distribution of their estate is determined by the law rather than their wishes.
Registering your will provides peace of mind, knowing that your final wishes are documented and can be easily accessed when needed. You can rest assured that your family and executors will not face unnecessary stress and difficulty in locating your will. Additionally, many registration services offer secure storage options, further protecting your will from being lost, damaged, or tampered with.
How do I register and store a will?
The National Will Register is a service where you can record the location of your will. This makes it easier for your family and executors to find it after you pass away.
To register your will with the National Will Register, go to the National Will Register website, sign up for an account if you don’t already have one, register your will and then provide details about where your will is stored and any other relevant information.
There is usually a small fee for this service, which is currently £30.
Another option for storing your will is through the HM Courts and Tribunals Service. This is a government service that offers a safe place to store your will. You need to post your will to the address below:
Newcastle District Probate Registry
2nd Floor
Kings Court
Earl Grey Way
North Shields
NE29 6AR
You need to download and print a label which you need to fill in using BLOCK CAPITALS, and get a witness to sign. Then, attach the label to the envelope containing the will and/or codicils and put the envelope containing the will in a larger envelope, along with a cheque or postal order for £22 made payable to ‘HM Courts and Tribunals Service’ – unless you’ve applied for help with fees.
What happens if my will is not registered?
If you choose not to register your will, it is still legally valid as long as it meets the necessary legal requirements. However, not registering your will can lead to some potential challenges.
When a will is not registered, it may be more difficult for your loved ones and executors to locate it after your passing. If your will is stored in an unknown or inaccessible location, your family might not be able to find it quickly. This can cause delays and added stress during an already difficult time.
If your will cannot be found, your estate may be treated as if you did not have a will. This means that the intestacy rules will apply. Under intestacy rules, your estate is distributed according to a fixed set of guidelines set out by law. This distribution might not reflect your personal wishes and could lead to outcomes you did not intend, such as:
Your assets might go to relatives you did not wish to inherit from you, or in some cases, to the state if no eligible relatives are found.
Intestacy can lead to disputes among family members who may feel they were unfairly treated.
The process of distributing an estate under intestacy rules can take longer and be more complicated than following the instructions in a will.
To avoid these issues, it is crucial to store your will in a safe, accessible place and inform your executors and loved ones of its location.
How much does it cost to register a will?
It costs £30 plus VAT to register your will with the National Will Register or £22 through HM Courts and Tribunal Service.
Registering your will, although not legally required, offers significant benefits such as making it easier for your loved ones to locate, avoiding the application of intestacy rules, and providing peace of mind that your will is secure.
At Lawhive, we specialise in providing expert legal advice and support for all your estate planning needs. Our experienced solicitors can help you draft a clear, legally binding will and offer guidance on registration and storage options. We ensure that your will is properly prepared and your wishes are documented and protected.
Contact us today to learn more about how we can help you in creating a comprehensive estate plan that secures your legacy and provides for your loved ones.