The British government has announced it will not proceed
with controversial proposals to digitise all copies of post-1858
wills in England and Wales and destroy the originals.
The proposal was introduced by the Ministry of Justice (MoJ)
under the previous Conservative administration in December 2023, stating that
the move was necessary to address the £4.5 million a year cost of storing the
110 million will documents.
The proposals were widely condemned by historians and
genealogists. A petition to Parliament opposing them was signed by 15,793
people.
The MoJ has now published the results of its public
consultation into the proposals. It said
that the consultation received almost 1600 responses, of which “The large
majority of responses vehemently opposed any destruction of original wills”.
In its response, the MoJ said: “The Government is very
grateful to everyone who responded to the consultation. It was very clear from
the large number of responses and the very heartfelt nature of those responses
that the issue was one 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. There
was also a strong emotional response to the consultation, typified in the
comments received on the unique nature of wills as a record of a living
person’s wishes for the distribution of their assets.”
“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.”
However, it noted that the decision to preserve the wills
“does not address the concerns about the large and increasing costs of
preserving the very extensive original will archive”.
It therefore warned that the government will “be giving
further consideration to the fees charged for copies of wills and grants of
probate”, particularly the current £1.50 cost of ordering a copy of a will.
This is very welcome news to family historians and we will be watching to see if any changes are made to the access or cost of ordering copies of wills.