Your Will Could Become A Public Document, Here’s Why

In the UK, when an estate requires probate, the executor must submit the original signed Will to the Probate Registry. This is not returned. It becomes a permanent court record, stored under the authority of the High Court, and except in exceptional cases, becomes publicly accessible after the grant of probate. This reality was explored in the recent decision of Holt v Information Commissioner & Ministry of Justice, which examined the legal status of original Wills as documents under the control of the court.

The Tribunal confirmed that original Wills are under the control of the High Court, not a government department, and remain governed by probate rules rather than freedom of information laws. Once a Will is admitted to probate, the court treats the Will as evidence of the deceased’s final instructions, and as such, it must be preserved and made open to inspection.

Once probate is granted, any member of the public may obtain a copy. There are a few exceptions, most famously, certain members of the Royal Family whose Wills may be sealed by court order. But these instances are extraordinarily rare and require specific justification based on the public interest and privacy.

Because your Will ultimately becomes publicly accessible, it is not the place to include sensitive personal information. Many people instinctively want to use their Will to explain decisions, justify distributions, or set out private family history. Once the Will becomes public, these comments can be read and re-read by relatives, friends, journalists, and, in some cases, complete strangers.

Your Will should direct how your estate is divided, not list every account, investment, or personal item. These details change over time and including them can provide an unwanted public inventory of your wealth.

Instead of writing explanations or sensitive information into your Will, you can use a private, confidential side letter of wishes. Unlike the Will, this letter is not legally binding but is highly persuasive. It is not submitted to the Probate Registry. It is not made public. It Can be updated at any time without the formality of changing your Will, and can express detailed guidance such as care of children, personal gifts, reasons behind decisions, or the values you hope to pass on.

A letter of wishes gives executors and trustees insight into your intentions without exposing private matters to public scrutiny. For many clients, this strikes the perfect balance between clarity and confidentiality.

A well structured Will that sticks to legal essentials, and a separate letter of wishes that gently explains the heart behind your decisions, can help reduce conflict, protect privacy, and leave your family with clarity rather than confusion.

If you require assistance in preparing your Will, what it should and should not include, please do contact our specialist will-writing solicitors for legal advice. Call 0330 822 3451 or request a callback.