Can someone have a secret Will?

Can someone have a secret Will?

Someone could have a secret Will in that they have written it and kept it themselves and put it somewhere without telling anyone. If this is the case, it is likely that when they die, their estate is distributed according to the Rules of Intestacy because no one is aware that a Will has been made. However, a Will cannot be “secret” or private in that no one can read it because a person's Will becomes a public document once the court issues a Grant of Probate. 

This grant officially authorises the appointed executor to carry out the deceased person's wishes as outlined in the Will. However, for those seeking a more private way to express their wishes, there is a solution in the form of a 'letter of wishes.'

What is a letter of wishes?

A 'letter of wishes' serves as a supplementary document to the Will. Although it is read alongside the Will by the appointed executors and trustees, it is not open to the public. This letter provides individuals with a discreet means of recording their private views on how their estate should be managed after they die. It becomes an avenue to share confidential or sensitive information that might impact decisions related to the estate. 

This could include specific reasons for favouring one beneficiary over another or detailing why a particular individual should not receive a certain inheritance. While a letter of wishes is not legally binding, executors and trustees are obligated to take it into consideration when making decisions about the estate. In practice, these letters are often followed as a guide to honour the deceased's intentions.

Where should I keep my Will?

Finding a secure location for your Will is a critical aspect of estate planning, and it's wise to avoid storing it in a bank safety deposit box due to potential probate complications. Ensure that your Will can be accessed without the need for probate, and communicate its location to your executor in writing, not just verbally.

There are various storage options available, each with its pros and cons. If a solicitor drafts your Will, they often provide free storage for the original document, but charges may apply if they didn't draft it. While solicitors offer regulated security, additional fees might be incurred.

For a flat fee, you can lodge your Will with the Probate Service in England and Wales. Keep in mind that only you, as the testator, can retrieve the Will while alive, limiting accessibility compared to other storage options. Consider these choices carefully based on your preferences and circumstances to ensure the safekeeping of this crucial legal document.

How Can GloverPriest Help?

At GloverPriest, we provide friendly and transparent Wills and probate advice. If you would like further help on your Will, please don’t hesitate to speak to one of our expert probate lawyers today. Complete our enquiry form.