Family Tree UK

ORIGINAL WILLS & THE MINISTRY OF JUSTICE’S CONSULTATION

Wills are private legal documents, but are retained indefinitely and become public documents once probate has been granted. It has long been established in law that, once a will is proved, anyone has a right of access to inspect the will and other related documents.

About the right to inspect original wills

So what does the law say about this? The current legislation is found in the Senior Courts Act 1981 (SCA) and the Non-Contentious Probate Rules 1987 (the Probate Rules).

Section 124 of the SCA sates: “All original wills and other documents which are under the control of the High Court in the Principal Registry or in any district probate registry shall be deposited and preserved in such places as may be provided for in directions given

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