The original signed will must be both protected and findable. A scan can help an adviser understand the document, but it should not be treated as an interchangeable replacement for the original when probate is needed.
Make retrieval possible
Tell the executors where the original is held and how to contact its custodian. If a solicitor stores it, retain the firm's current details and any storage reference. HMCTS also provides a will-storage service in England and Wales. [1]
Avoid arrangements that make the document inaccessible after death, such as relying solely on the deceased person's private account credentials. Keep a separate note of the storage location with other estate information, without circulating the will's contents unnecessarily.
Preserve the executed document
Do not write instructions on the original, remove fastenings or attach informal amendments. Keep codicils with it and label copies clearly. If a new will is executed, ask the drafter how older documents should be marked, retained or dealt with.
After moving home or changing advisers, confirm the location again. If the original cannot be found after death, obtain advice before assuming there was no will. Probate application preparation explains why the original matters; updating a will addresses valid changes to its contents.
Choose custody that remains usable after death Compare the proposed location against risks of loss, damage and inaccessible control. A document stored securely but known only to its maker may be difficult for executors to locate. Consider who will know the custodian's details and what evidence will be required to obtain the original. If using a professional storage service, ask about the procedure after death, any charges and how a change of firm or storage provider would be communicated.
HMCTS provides a will and codicil storage service with its own current instructions. Check those instructions before sending an original, including the required documentation and method of dispatch. Do not assume that an old fee, address or appointment arrangement remains current. Keep the acknowledgement and storage reference where the appropriate person can find them. The practical objective is a documented route to the original, without giving unnecessary access to its contents during your lifetime. [1]
Keep the physical document as executed Preserve the signed pages, attachments and fastenings in their existing condition. Avoid adding handwritten instructions or attaching a later note as though it were part of the executed will. Where the document is damaged, incomplete or marked, explain what happened to the adviser and retain the material rather than attempting a cosmetic repair that could obscure its history. A clear account of condition is more useful than an altered original whose appearance raises unanswered questions.
Keep codicils identifiable with the will they amend. If different people hold separate originals, record that arrangement so an executor does not receive only part of the operative documents. Label scans and photocopies clearly as copies and avoid mixing them with unsigned drafts. A copy can assist preliminary advice, but the ordinary probate application requires the original. HMCTS also identifies a separate route to consider where the original has been lost; that situation should not simply be treated as proof that no will existed. [2]
Leave location information that does not expose unnecessary details A short custody record can state the will's date, custodian, reference and retrieval contact. It need not repeat the gifts or include passwords to financial accounts. Tell the intended executors how to find this information and update it if the document moves. Where family relationships are sensitive, discuss a suitable way to make the location discoverable without circulating the will itself to people who do not need to see it during your lifetime.
Consider what happens if an executor cannot access your home or personal devices. A note held only inside a locked account may not solve the retrieval problem. Do not assume that an executor should use your credentials to search for the original's location after death. Agree a lawful practical arrangement with the custodian and keep the necessary identification information available through appropriate records. This separates knowledge of where the document is held from unrestricted access to your private affairs.
Reconcile custody after a replacement or change of adviser When a new will is completed, ask which document is now operative and how older originals or copies should be dealt with. Record the new custody details and confirm that any storage provider has the correct document. A request to draft a replacement does not establish that the old original was returned, destroyed or superseded validly. Check the completed steps, especially where different firms have been involved over several years.
After death, keep a record of enquiries if the original is not where expected. Contact known custodians and retain available copies and correspondence for advice. Avoid destroying earlier documents simply because a later draft is found. HMCTS guidance warns against discarding earlier copies before probate and provides information about a lost-original application. The executor needs an evidence-based account of the document's history, so an unexplained gap in custody can be investigated through the appropriate process rather than resolved by assumption. [2]
Frequently asked questions
What should an executor know about a professionally stored will?
They should know the custodian, current contact details, document date and storage reference, together with how to request retrieval and what evidence the custodian requires.
Should I remove staples before scanning or sending the original?
Preserve the executed document's condition and seek instructions from the adviser or receiving service. Avoid changing fastenings or attachments in a way that obscures its history.
Can a digital copy always replace the original in a probate application?
No. The ordinary application requires the original. If it is missing, retain available evidence and obtain advice about the separate process rather than submitting a copy as equivalent.
How can I disclose the storage location without revealing every gift?
Keep a separate custody note containing the document date, provider and retrieval information. Executors need a reliable way to find the original, not necessarily its full contents beforehand.
What should happen when the original cannot be found after death?
Record searches and enquiries, preserve earlier copies and correspondence, and seek probate advice. A missing original raises questions requiring assessment rather than automatically establishing intestacy.
Official sources
Sources checked: 9 September 2026. Check the linked guidance for subsequent changes.
General information only. The appropriate action depends on your circumstances and the applicable jurisdiction.
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