Viewing Wills: When Are Wills Public? A Guide for Residents of England and Wales | PDA Law

When Is a Will Private — and When Does It Become Public?

The privacy of a will changes at different stages. Understanding these stages is essential for anyone who wants to view a will — or who wants to understand how their own will will be treated after their death.

During the Testator's Lifetime

Private

A will is an entirely private document. Only the testator (the person who made the will) and their solicitor have access to it. No one else — not even the named executors or beneficiaries — has any legal right to see the will while the testator is alive.

After Death — Before Probate

Restricted

Once the testator dies, the will remains private until a Grant of Probate is issued. During this period, only the named executors have a legal right to see the will. Beneficiaries, family members, and other interested parties do not have an automatic right of access at this stage.

After Grant of Probate

Public Record

Once the Probate Registry issues a Grant of Probate, the will becomes a public document. Anyone — whether or not they are connected to the deceased — can search the HMCTS probate register and order a copy of the will for a small fee. This applies to all grants issued in England and Wales from 1858 onwards.

If Probate Is Not Granted

Remains Private

If the estate does not require probate — for example, because all assets pass by survivorship or are below the probate threshold — the will is never submitted to the Probate Registry and never becomes a public document. It remains private indefinitely.

Important: Trusts Remain Private

Trusts set up separately during the testator's lifetime — such as a discretionary trust, a family protection trust, or a life interest trust — are entirely private documents. They are not submitted to the Probate Registry and never become public, even after the testator's death. Only trusts created within the will itself (testamentary trusts) become visible when the will is published after probate.

Who Has the Right to View a Will?

The right to view a will depends on who is asking and when. The following table sets out the position clearly:

The Testator (Will-Maker)

Absolute

At any time during their lifetime

Named Executors

Legal Right

After the testator's death, before and after probate

Any Member of the Public

Public Access

After a Grant of Probate has been issued

Beneficiaries Named in the Will

Discretionary

After probate — or earlier at the executor's discretion

Solicitors Acting for the Estate

Professional Access

After the testator's death

What About Beneficiaries Before Probate?

Named beneficiaries do not have an automatic legal right to see the will before probate is granted. The executors may choose to share the contents, but they are not legally required to do so. If you believe you are a beneficiary and are being excluded from the process, you should seek legal advice. Once probate is granted, the will is public and you can obtain a copy directly from the Probate Registry.

How to Search for a Will Using the HMCTS Probate Search Tool

The HMCTS online probate search tool is a free service that allows anyone to search for grants of probate issued in England and Wales from 1858 onwards. It covers all grants issued by the Principal Probate Registry and the district probate registries, including the Probate Registry of Wales.

Go to the HMCTS Probate Search Tool

Visit www.gov.uk/search-will-probate. The service is free to use and covers all grants of probate issued in England and Wales from 1858 onwards, including the Probate Registry of Wales.

Enter the Deceased's Name

You will need the full name of the deceased. If you know the approximate year of death, entering it will significantly narrow the results. An exact date of death is not required but helps if there are multiple people with the same name.

Review the Search Results

The results will show any grants of probate or letters of administration issued for that person. Each result will show the deceased's name, date of death, date of grant, and the value of the estate at the time of probate.

Order a Copy of the Will

If a grant has been issued, you can order a copy of the will directly from the search results for £1.50. The copy will be sent to you digitally or by post. You can also order a copy of the grant of probate itself.

HMCTS Probate Search Tool

Free to use. Covers England and Wales. Records from 1858 onwards.

Search Probate Records

How to Order a Copy of a Will

Once you have found a grant of probate using the HMCTS search tool, you can order a copy of the will — and the grant itself — by two methods:

Online via HMCTS Portal

£1.50 per documentUsually within a few working days

1Search for the deceased at www.gov.uk/search-will-probate
2Select the relevant grant from the results
3Click "Order a copy" and pay the £1.50 fee
4Receive the copy digitally or by post

Postal Application (Form PA1S)

£1.50 per documentAllow 10–15 working days

1Download Form PA1S from the HMCTS website
2Complete the form with the deceased's details
3Send the form with a cheque or postal order for £1.50
4Post to: HMCTS Probate, PO Box 12625, Harlow, CM20 9QE

What you will receive: A certified copy of the will as it was submitted to the Probate Registry, together with any codicils (amendments) that were proved at the same time. The copy will show the testator's signature and the signatures of the witnesses. It is a legally recognised document and can be used as evidence of the will's contents.

Standing Searches: Being Notified When Probate Is Granted

If you want to be notified when a grant of probate or letters of administration is issued for a particular person — rather than searching retrospectively — you can apply for a standing search.

What Is a Standing Search?

A standing search is a formal request to the Probate Registry to notify you if a grant of probate or letters of administration is issued for a named person within the next six months.

Who Can Apply?

Anyone with a legitimate interest in an estate can apply — including creditors, potential beneficiaries, and people who believe they may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

How to Apply

Submit Form PA1S to the Probate Registry with the deceased's details and a fee. The search remains active for six months and can be renewed.

Why Use a Standing Search?

A standing search is particularly useful if you are concerned that probate may be applied for without your knowledge — for example, if you are a beneficiary who has been excluded from the process, or a creditor seeking to protect your position.

Tracing a Lost Will

If you cannot find a will after someone has died, it is important to search thoroughly before concluding that no will exists. A will found after letters of administration have been granted can significantly complicate the administration of the estate. The following sources should be checked:

The Deceased's Solicitor

Most people store their will with the solicitor who drafted it. Contact any solicitor the deceased used — they are required to keep wills securely and will usually release the original to the named executors on production of the death certificate.

Bank Safe Deposit Box

Many people store important documents, including wills, in a bank safe deposit box. Contact the deceased's bank to enquire. The bank will usually allow the next of kin or named executor to access the box on production of the death certificate.

The National Will Register (Certainty)

The National Will Register (operated by Certainty) is the largest will registration service in England and Wales. Solicitors and will-writers can register wills on behalf of clients. A search costs a small fee and can confirm whether a will has been registered and where the original is held.

The Deceased's Home

Wills are sometimes stored at home — in a filing cabinet, a fireproof safe, or with other important documents. Check carefully before assuming no will exists. A will found after letters of administration have been granted can complicate the administration of the estate.

HMCTS Probate Registry

If the deceased deposited their will with the Probate Registry for safekeeping during their lifetime (a service that was available until 2022), it can be retrieved by the named executors. Contact the Probate Registry directly for guidance.

Historical Wills (Pre-1858)

Wills proved before 1858 were administered by church courts and are now held at the National Archives in Kew. The National Archives holds records from the Prerogative Court of Canterbury (PCC), which handled most significant estates in England and Wales before the civil probate system was established.

If No Will Can Be Found

If no will can be found after a thorough search, the estate will be administered under the intestacy rules as if no will existed. This can have serious consequences — particularly for unmarried partners, stepchildren, and others who would have been provided for in a will but receive nothing under the intestacy rules. If you believe a will exists but cannot locate it, seek legal advice promptly.

Need Help with Probate or Tracing a Will?

Our Wills, Trusts & Estates team in Chester can help you navigate the probate process, search for a will, or administer an estate. We offer fixed fees and clear, practical advice.

Probate Services Speak to Our Team

Frequently Asked Questions

Can I see a will before the person has died?

No. A will is a private document during the testator's lifetime. Only the testator and their solicitor have access to it. Even named executors and beneficiaries have no legal right to see the will while the testator is alive. The testator may choose to share the contents voluntarily, but they are under no obligation to do so.

Who can see a will after someone has died but before probate?

Before probate is granted, only the named executors have a legal right to see the will. Beneficiaries, family members, and other interested parties do not have an automatic right of access at this stage. The executors may choose to share the contents, but they are not legally required to do so until probate has been granted.

When does a will become a public document?

A will becomes a public document when a Grant of Probate is issued by the Probate Registry. From that point, anyone can search the HMCTS probate register and order a copy of the will for £1.50. This applies to all grants issued in England and Wales from 1858 onwards.

What if probate is never granted — does the will become public?

No. If the estate does not require probate — for example, because all assets pass by survivorship or are below the probate threshold — the will is never submitted to the Probate Registry and never becomes a public document. It remains private indefinitely.

How do I search for a will using the HMCTS probate search tool?

Go to www.gov.uk/search-will-probate. Enter the deceased's full name and, if known, the year of death. The tool will show any grants of probate issued for that person from 1858 onwards. You can then order a copy of the will for £1.50.

How much does it cost to order a copy of a will?

A copy of a will costs £1.50 per document, whether ordered online via the HMCTS portal or by postal application using Form PA1S. You can also order a copy of the grant of probate itself for the same fee.

What is a standing search and when should I use one?

A standing search is a formal request to the Probate Registry to notify you if a grant of probate or letters of administration is issued for a named person within the next six months. It is useful if you are a beneficiary, creditor, or potential claimant who wants to be notified when probate is applied for. Submit Form PA1S to the Probate Registry with the relevant details and a fee.

What happens if a will cannot be found after someone dies?

If no will can be found, the estate is administered under the intestacy rules as if no will existed. Before reaching that conclusion, it is worth checking with the deceased's solicitor, their bank (for a safe deposit box), the National Will Register (Certainty), and the Probate Registry. A will found after letters of administration have been granted can complicate the administration significantly.

Are trusts set up in a will public after probate?

The will itself becomes public after probate, which means the terms of any trust created by the will (a testamentary trust) will be visible to anyone who orders a copy. However, trusts set up separately during the testator's lifetime — such as a discretionary trust or a family protection trust — are entirely private documents and never become public.

Can I see historical wills from before 1858?

Yes. Wills proved before 1858 were administered by church courts and are now held at the National Archives in Kew. The National Archives holds records from the Prerogative Court of Canterbury (PCC), which handled most significant estates in England and Wales before the civil probate system was established in 1858. Many records are available to search online via the National Archives website.