Making your willMaking a will

The National Will Register: how registering makes your will findable

6 min read
Watercolour of an open wooden card index drawer on a library desk beside a brass lamp and tall bookshelves

A will only works if somebody finds it. That sounds too obvious to say until you picture how an estate actually unfolds: a death, a house full of paperwork, adult children who live two hundred miles away, and a solicitors’ firm that has merged twice since 1998. The National Will Register exists for exactly that gap. It does not hold your will and it does not check whether the will is any good. It records that a will exists and where it is kept, so the people who need it can trace it.

What is the National Will Register?

The National Will Register is the central record of wills and their whereabouts in this country, operated by Certainty. Solicitors, probate practitioners and executors search it when they need to know whether a will exists at all, or whether a later one exists than the copy sitting on the kitchen table. Registration is open to anyone: you can register a will you wrote yourself, and most will-writing firms register the wills they draft as part of the service.

The register holds pointers, not contents. A search confirms that a will was registered and gives a route to whoever holds the document. It does not reveal a single clause, a beneficiary or a figure. Your decisions stay private while you are alive, and they stay private afterwards until probate makes the will itself a public document.

What registration does, and what it does not do

  • It makes the will traceable. A search shows that a will was made, when it was signed, and who is holding it.
  • It catches the later will. Register each new will and a search picks up the current version, rather than the 2009 one your family happen to own a photocopy of.
  • It does not store anything. Registration and storage are separate decisions, and you still need to keep the original somewhere safe, because probate requires the original signed will rather than a copy.
  • It does not make a will valid. Validity comes from signing and witnessing it correctly under section 9 of the Wills Act 1837. A registered invalid will is still an invalid will.
  • It does not publish anything. Nothing about your beneficiaries, your estate or its value goes on the register.

Why do unfound wills matter so much?

An estate settled without the will is settled as though there never was one. The intestacy rules take over, and they know nothing about your stepchildren, your partner of twenty years, or the friend who did the caring. English law then adds a presumption that catches families badly: if the original will was last known to be in your possession and cannot be found after your death, the law presumes you destroyed it deliberately, and a destroyed will is a revoked one.

A will that surfaces late is its own kind of disaster. An estate distributed under intestacy, or under an out-of-date will, has to be unwound: money recovered from people who have already spent it, and executors left personally exposed if it cannot be. A notice under section 27 of the Trustee Act 1925 in The Gazette gives executors some protection against claims they knew nothing about, but it tells them nothing about whether a later will is sitting in a filing cabinet in Truro. A search of the register is how that question gets answered.

How do you register a will?

Registration is administrative, not ceremonial. The entry records the name, date of birth and address of the person making the will, the date it was signed, and where the original is held. There is a modest one-off fee, and plenty of will writers include registration in their price rather than billing for it separately. You can register at any point after the will is signed, whether it was drafted by a solicitor, produced online or written at the kitchen table, and once made the entry stays there, quietly waiting to be useful.

Two habits matter more than the registration itself. First, register each new will: an entry pointing at a document you replaced years ago sends searchers confidently to the wrong place, so when you change your will the register entry should change with it. Second, tell your executors that the will is registered. The register is a safety net for the people who do not know where to look, and it works faster still for the people who do.

The firm that wrote your will may not still be there

Solicitors’ practices merge, rebrand and close, and their will files travel with them, sometimes more than once. Families are regularly told that a firm no longer exists and stop looking, when the papers are perfectly safe two towns away with a successor practice. A register entry earns its keep twice over here: it names who was holding the will when it was made, which is where the trail starts, and it can be updated when the will moves. If your will has been with the same firm since the 1990s, an afternoon spent confirming that it is still there, still theirs and still the current version is rarely wasted.

Searching for a will after a death

Executors and probate practitioners can run a will search, which checks the register and can also canvass solicitors’ firms in the areas where the person lived. It is ordinary due diligence before an estate is distributed, and it is close to essential where the family are unsure a will was ever made, where the person moved around the country, or where the estate is large enough that being wrong would be expensive. Searches are usually commissioned by whoever is dealing with the estate, though nothing stops an executor arranging one directly, and the cost is small measured against the estate it protects. Executors who search at the start of the job avoid the worst moment in estate administration, which is learning the truth after the money has gone out.

Findable by default

Willful registers every will it produces with the National Will Register as standard, so a finished will is traceable rather than dependent on someone remembering the right drawer. It is included in what a Willful will costs rather than sold as an extra. Alongside it, your will’s details, your asset list and your key documents sit in an encrypted vault you can share with your executors while you are very much alive, which is the other half of the same problem: the register proves the will exists, and the people you have told already know why it matters. Both come as part of every Willful will.

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