Save Our Wills!

First of all, a very Happy New Year to you all.

You may already know about the UK Ministry of Justice’s proposals to destroy original copies of post-1857 Wills after 25 years. The proposal is to retain only a digital copy of each Will. Information about the proposals is contained in the Ministry of Justice’s Consultation Paper, which you will find [here].

As genealogists we are all in favour of digitisation of documents, and easy availability online. The government’s online Wills and Probate service is an example of this, allowing us to search, and for just £1.50, to receive a digital copy of the relevant Will by email.

However good the digital image, though, there is a difference between it and the original document. In archivist terms, it is only the original which is the ‘original document’. The digital images we mostly use via subscription websites or indeed the GRO’s online Wills and Probate service, are termed ‘surrogates’. There is always the possibility that part of a document is not included, that one page is blurred, that part of one page is missing, or that a few handwritten words on the reverse that might just be the clue to a mystery are not included. As all of us who work regularly with genealogy websites know, it could be months or years before such a problem is noticed. If the original exists somewhere this can be resolved. However, if the original has already been destroyed, valuable information is lost for ever.

Genealogist and former archivist of many years at The National Archives, Dave Annal, has put together an excellent video in which he summarises in just over five minutes the main problems with these proposals.

My friend and colleague Richard Holt has taken a particular interest in this matter from before the launch of the present proposals and consultation by the Ministry of Justice. In his blogpost Justice for Wills and Probate Documents he writes about times in his research when only an original will do. Initially his concern was with the operation of the Freedom of Information request process, but since the launch of the proposals to digitise and destroy original post-1857 Wills, his concerns have increased, and these are covered in the second half of that blogpost. 

I will not spend time adding my own thoughts to those of Richard and Dave, since I do agree with all they say. Indeed, online and via any groups that you are part of, you will find an increasing number of articles and robust responses from other genealogists, historians, archivists and societies/ associations linked to these fields.

So what can we do about it?

Richard has launched a petition to the UK Government and Parliament: Do not allow original wills to be destroyed after 25 years – Petitions (parliament.uk). If you are a UK citizen or resident you will be able to sign it. At the time of writing this, there are 7410 signatures.

You can also respond directly to the Ministry of Justice’s consultation. This option is open to anyone, anywhere in the world – and of course many people have UK ancestry so this affects all of us. Replies must be received by 23 February, using the email civil_justice_poli@justice.gov.uk or the following address:

Will Storage consultation
Ministry of Justice
Civil Justice and Law Division,
Postpoint 5.25
102 Petty France
London
SW1H 9AJ

Finally, please share this information with others who you think will be concerned by these proposals.

#SaveOurWills