The Royal Historical Society is very pleased to learn that the UK Ministry of Justice has abandoned a proposal, made by the previous government, to destroy print copies of post-1858 wills following their digitisation.
The decision is contained in a government response, published on 8 January 2025. This follows a consultation in Spring 2024 in which the Society — along with more than 100 organisations and 1,500 individuals — took part.
The original proposal (December 2023) concerned the future retention of wills as present-day and historical documents. Currently, HM Courts and Tribunals Service (HMCTS) holds the original paper version of wills proved since 1858, following the Court of Probate Act (1857). The HMCTS also creates digital copies of wills granted probate in or after 2021.
The proposal would have seen: i. a timescale of 25 years for the retention of the paper copies of wills digitised since 2021; and ii. digitisation of all wills dating from 1858, and the corresponding destruction of the original paper versions of these documents upon digitisation. Exceptions to the wholesale destruction of the post-1858 archive were proposed for wills of selected ‘famous people’ (with Charles Darwin given as an example). The context for this proposal was the size and cost of the will storage service, estimated at £4.5 million per annum.
The Ministry’s report on the consultation, published on 8 January, notes ‘the large number of responses and the very heartfelt nature of those responses’ on an issue ‘which engaged high levels of public interest and concern. There was strong opposition to any destruction of original wills or other documents. This was for a variety of reasons in terms of both a national historical resource and also for individual legal challenges.’ As a result:
The Government accepts the compelling case that has been made by respondents … and has therefore determined not to proceed with any reforms that involve the destruction of original wills and supporting documents currently designated for permanent preservation.
The January document summarises responses to each of the questions raised, including the viability — or otherwise — of retaining paper copies of wills for ‘famous people’ of ‘historic interest’. This provoked extensive criticism, leading the Ministry to conclude that ‘the responses to this question illustrated the difficulties in any attempt to distinguish between people, and some strong points were made on recognising the historic record of all wills that the Government acknowledges.’
While yesterday’s response removes the threat of destruction of print copies of wills, the Ministry closes with a comment on the enduring costs of document storage. Future actions, it notes, may include a review of charges to access print copies of wills, and the inability to extend systematic digitisation to wills proved before 2021.
Header Image: iStock, Credit: Nelli Okhrimenko