Can anyone see your will while you are alive?
No. England and Wales has no public register of wills, and the GOV.UK probate search covers only people who have died and whose estates have had a grant. Where your will is kept is your choice, and each of the usual options keeps it private:
- At home. Only people you tell know it exists. See where to store a will.
- With a solicitor. Solicitors must keep the affairs of current and former clients confidential unless the law requires or permits disclosure or the client consents (SRA Code of Conduct, paragraph 6.3).
- With HM Courts and Tribunals Service. A will deposited for safekeeping, for a one-off £24 from 13 July 2026, can be withdrawn by the person who made it or, after their death, by the executor with the death certificate; anyone else needs a letter of authority (GOV.UK: withdraw a will stored with HMCTS).
- On a private will register. Registration services record that a will exists and where it is kept; they are voluntary. See how to find a will.
When does a will become a public record?
When a grant of probate is issued. The executor must send the original will with the probate application, and GOV.UK says the probate registry will keep the will and it will become a public record. A new record appears in the online search about 14 days after the grant is issued.
The law behind this is section 124 of the Senior Courts Act 1981: original wills held by the probate registries are preserved and, subject to the court’s control and the probate rules, open to inspection. Section 125 allows a copy of a proved will or a grant to be obtained on paying the fee. A district judge or registrar can withhold a will from inspection if it would be “undesirable or otherwise inappropriate” (Non-Contentious Probate Rules 1987, rule 58). That is a decision for the registry in a particular case, not an option you can choose when you make your will.
What exactly becomes public?
| Item | Public after the grant? | Notes |
|---|---|---|
| The will and any codicils proved with it | Yes | Everything written in them, including names, gifts and any reasons given. |
| The grant | Yes | Shows the type of grant and who received it, and the value of the estate for probate purposes (HMRC IHTM05075). |
| Inheritance tax paid | No | HMRC’s manual says the grant does not state the amount of inheritance tax paid. |
| A separate letter of wishes | Not as part of the will | A letter of wishes is not part of the will, so it is not proved with it. See what is a letter of wishes? |
| A will never used for a grant | No | If no grant is taken out, the will is not filed with the registry. |
How do you order a copy of someone’s will?
- Go to GOV.UK: search probate records for documents and wills. It covers people who died in England and Wales after 1857.
- Search for the person. For records from 1858 to 1996, also check the years after the death, because they are filed under the year the grant was issued.
- Check the grant type. “Probate” and “Admon with Will” grants contain a will; an “Administration” grant does not.
- Order a copy for £16. Form PA1S says online orders arrive within 10 working days.
| Service | Fee | Timing |
|---|---|---|
| Online copy of a probate record, including any will | £16 per copy | Within 10 working days |
| Postal search on form PA1S, including one copy | £16 | Response within four weeks |
| Standing search (the grant has not been issued yet) | £4 for six months | A copy is sent if a grant is issued in that time |
| Extra copies ordered by the executor with the probate application | £2 each | £16 each if ordered later |
The fees are in the Court and Tribunal Fees (Miscellaneous Amendments) Order 2026, in force from 13 July 2026, and on GOV.UK’s probate fees page. Timings come from form PA1S.
Can beneficiaries see the will before probate?
There is no public copy before the grant, and no public register to check. The will is held by whoever has the original, often the executors or the firm that stored it, so ask them. If you want a copy as soon as a grant is issued, a standing search for £4 sends you a copy of the grant and the will if a grant is issued in the next six months. If you think a will is being withheld or is not valid, see contesting a will.
How do you keep private matters out of the public record?
Assume everything in your will may one day be read by anyone. Keep passwords and access details out of it; see digital legacy. If you want to explain a decision, such as leaving someone out, a separate letter of wishes keeps your reasons out of the document that is filed, although it can still be produced as evidence if there is a dispute, as the mother’s letters were in Ilott v The Blue Cross [2017] UKSC 17. Some assets, such as property owned as joint tenants, pass outside the will altogether; see what a will does not cover.
When you are ready to write your own, a straightforward will for England and Wales can be made online with SwiftWill. Use a solicitor instead if your affairs are complex or you expect a dispute.
Sources
- GOV.UK: Search probate records for documents and wills
- GOV.UK: Applying for probate if there is a will and probate fees
- HMCTS: Find a will or probate document, form PA1S (July 2026 edition)
- HMCTS: How to withdraw a will stored with HMCTS
- Senior Courts Act 1981, sections 124 and 125
- Non-Contentious Probate Rules 1987, rule 58
- Court and Tribunal Fees (Miscellaneous Amendments) Order 2026, article 3, in force 13 July 2026 under SI 2026/665
- HMRC Inheritance Tax Manual IHTM05075
- SRA Code of Conduct for Solicitors, paragraph 6.3
- Ilott v The Blue Cross [2017] UKSC 17
Sources checked 24 September 2026.