Are Wills Private? What Becomes Public After You Die
While you're alive, your Will is entirely your own business. After you die, the position changes, and many people are surprised by how easily a Will can be seen. Here's what becomes public, what doesn't, and what you can do if privacy matters to you.
Is a Will a private document?
Quick summary: During your lifetime, yes. After your death, usually not. Once a Grant of Probate has been issued, your Will becomes a public document, and anyone can search for it and order a copy, whether or not they are related to you or named in it.
That doesn't mean everything about your affairs becomes public, and it doesn't mean you can't plan around it. Understanding what is and isn't visible helps you decide what belongs in your Will, and what is better kept elsewhere.
How people actually see a Will
- Searching is free. Anyone can search the England and Wales probate records on GOV.UK to see whether a grant has been issued for someone who has died.
- Copies cost £16. Each copy of a probate record, which includes the Will where there is one, costs £16 whether it is ordered online or by post. Fees can change, so it's worth checking GOV.UK.
- Early requests. If someone died in the last six months and probate hasn't yet been granted, a standing search (form PA1S, currently £4) asks for a copy to be sent once it is.
In practice, this means a neighbour, a distant relative or a journalist could read the Will of someone who has died. Most people never do, but it is open to anyone who asks.
What stays private
- Estates that don't need probate. If an estate is straightforward enough not to need a Grant of Probate, the Will doesn't normally enter the public record.
- A Letter of Wishes. This is a separate document, not part of your Will, so it isn't lodged with the court. It's the right place for personal explanations and sensitive detail. It could still be seen if a dispute reaches court.
- Assets that pass outside your Will. Jointly owned property passing to the survivor, and pensions or life insurance paid to nominated beneficiaries, don't appear in your Will. Each has its own planning trade-offs, so it isn't a case of simply moving everything outside it.
- Trusts set up during your lifetime. A trust you create while you are alive isn't part of your Will. By contrast, a trust written into your Will becomes public along with it, including its terms. You can read more about how family and property trusts work.
Practical ways to protect your privacy
- Keep reasons out of the Will itself. If you are leaving someone less, or nothing, put your reasons in a Letter of Wishes rather than the Will. We explain how in our guide to excluding someone from your Will.
- Keep the wording factual. A Will only needs to say who gets what. Family history and personal opinions belong elsewhere.
- Ask about personal details. Think about how much detail, such as beneficiaries' full addresses, really needs to appear in a document that anyone can later request.
- Store it safely. Until you die, your Will is only as private as the place it is kept. Our Will storage and updates service keeps the original secure and easy for your executors to find.
Want to keep certain things private?
We can talk through what should go in your Will, what is better in a Letter of Wishes, and how your plan fits together.
A Will that says what you mean, and keeps the rest private
Call 01934 442030 for a free, no-obligation conversation about your Will.
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