It has been widely reported that from 27th December 2014 the government's archive of some 41 million wills dating back to the mid-1800s is available online. The project has been undertaken by H M Courts & Tribunals Service (HMCTS). Their press release points out that this is an exciting opportunity for people to 'connect to history from the comfort of their own home' and enable them to research wills of people such as Alan Turing, Charles Dickens or Sir Winston Churchill.
This sounds like 'a brave new world' in relation to the somewhat arcane arena of wills and making such documentation available online is certainly an important step forward. However the ability to search for a probate record in England and Wales by post has been available for many years. For a fee of £10 it is possible to carry out a postal search for a copy of a Grant of Representation and a Will (if there is one).
A Grant of Representation is the document which gives Personal Representatives the authority to deal with someone's estate when they have died. Once a Grant is issued, if there is a will, it becomes a public document. If the applicant is available to provide the deceased's name and address and date of death, the Probate Registry can search to provide a copy of a Grant of Representation (and Will).
The ability to obtain a copy will online for a fee of £10 makes a good headline and may be useful for people researching their family history or those who simply want to know about Winston Churchill's last wishes.
However a more down to earth reason for making such a search is that you may wonder whether you have received an inheritance from a deceased relative or are concerned that the Estate of a deceased relative is not being properly administered. Personal Representatives have significant duties imposed upon them in relation to the administration of someone's affairs after they have died and it is important to ensure that these duties are carried out properly. You may also wish to consider making a claim against the estate of someone who has died.
If you have any such concerns a first step would be to establish whether a Grant authorising the Personal Representatives to act has been issued.
Such matters can be complex and if you would like to discuss this or any other issue relating to wills contact us.
For a link to the press release go to Gov uk