Probate
The question
To ask the Secretary of State for Justice, whether he has made an assessment of the potential merits of (i) requiring administrators and executors of estates to file a copy of the estate accounts with the Probate Registry and (ii) creating a central registry of wills.
Answered by Alex Davies-Jones
Personal representatives (the umbrella term for anyone legally responsible for administering a deceased person’s estate) have a statutory duty to administer the estate lawfully. They must act in beneficiaries’ best interests and keep clear, separate estate accounts as a matter of good practice. Accurate records are essential because the court may require, sworn on oath, a full inventory of the estate and a detailed account of the administration. Any interested party can apply for such an order, enabling scrutiny of how the estate has been managed and informing whether further action against the personal representative is appropriate.
The Government is not aware of any problems with personal representative accountability mechanisms and has no plans to change them.
There is no compulsory will registration system in England and Wales, though testators may voluntarily register a will with certain public or private bodies. The Principal Registry offers a public scheme allowing wills to be deposited and stored for a £23 fee, with a certificate issued
The Law Commission considered compulsory registration as part of their review of the Law of Wills but concluded it would add unnecessary complexity to the will‑making process as well as raise uncertainty over the validity of unregistered wills, including reduced flexibility for testators making wills near death.
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