Lead
A new piece published by Today’s Wills and Probate argues that a “will bank” is more than a storage system. It is a promise to clients about trust, service, and continuity. For many will writers and estate planning professionals nearing retirement, that promise faces a difficult test: what happens to decades of client documents when a practitioner steps back? The sector has shifted in recent years, with new technology, consolidation, and changing consumer expectations. The question now is how firms honour client commitments while closing, merging, or handing over work. The answer matters to families who rely on original wills, and to professionals who must manage legal duties, data protection, and future access with care.
Context and timing
Today’s Wills and Probate published the article online on 16 October 2025. The discussion focuses on the UK estate planning market and the practical challenges that arise when will writers and related professionals approach retirement and seek to transfer responsibility for their will banks.
Last will and testament by Nick Youngson CC BY-SA 3.0 Pix4free
What a will bank represents to clients
A will bank holds original client wills and related documents, often built up over decades. Clients trust practitioners to keep those papers safe and accessible. In England and Wales, probate normally requires the original will. If the original cannot be found, the process becomes more complex and stressful for families. Courts may accept a copy in limited circumstances, but the burden of proof and the risk of dispute both rise. That raises the stakes for storage, cataloguing, and retrieval.
Clients see a will bank as part of a wider service promise. They expect secure storage, clear records, and help when the time comes to access documents. They also expect continuity. If a practitioner retires, they want to know who now holds the will, how to contact them, and what happens to any related documents such as codicils or letter of wishes. This is not only about custody. It is about trust built over many years.
Retirement raises succession questions
Many will banks sit with sole practitioners or small firms. Retirement converts a personal archive into a succession challenge. Who takes over? On what terms? How will the new custodian notify clients and maintain standards? Without a plan, risk grows. Paper files can be misplaced. Indexes can become outdated. Clients can move and change contact details, making it harder to reach them when needed.
Sensible options exist. Practitioners can arrange a transfer to a successor firm, agree a merger, or appoint a reputable custodian to take over storage and administration. Each route needs care. It must set out responsibilities for safekeeping, retrieval timescales, client communications, and any fees. It should also document what happens to files for clients who do not consent to a transfer. Clear, written agreements help avoid disputes and delays.
Legal duties, regulation, and data protection
Regulation depends on the practitioner. Solicitors fall under the Solicitors Regulation Authority (SRA) Codes of Conduct. Those rules require firms to safeguard client money and documents and to act in clients’ best interests. When a solicitor’s firm closes without a successor practice, SRA rules require six years of professional indemnity “run-off” cover under the Minimum Terms and Conditions. That helps protect clients if problems later emerge.
Will writing itself is not a reserved legal activity in England and Wales. Many will writers belong to trade bodies, such as the Society of Trust and Estate Practitioners (STEP), the Institute of Professional Willwriters (IPW), or The Society of Will Writers (SWW). Membership may bring standards, training, and recommended practices, including insurance. Alongside professional rules, data protection law applies. UK GDPR and the Data Protection Act 2018 govern how firms collect, store, and share personal data. Practitioners need a lawful basis to process data, strong security, and clear records. If a will bank transfers to another custodian, client notification and appropriate consent form part of good practice and help meet legal duties.
The practicalities of safeguarding original wills
Original wills need careful physical protection. Fire, flood, damp, and theft all pose risks. Firms often use secure, fire-resistant storage and track the movement of every document in and out of the archive. A clear index listing client names, dates, location references, and contact details helps. So does a process for periodic checks and audits. These steps reduce the chance of loss and speed up retrieval.
Retrieval standards matter. Families often seek access during difficult times. They need prompt, accurate responses. A will bank should define service levels for requests, set out identification checks, and explain any costs for retrieval or delivery. Practitioners should review addresses and next-of-kin contact details and keep records up to date. Good records mean fewer delays and fewer disputes later.
Commercial value versus client promise
A will bank can hold commercial value. It links to future estate administration, updates, and related services. Buyers may want to acquire it as part of a merger or succession deal. Yet commercial interest must never override client interests. Client instructions and privacy come first. If a practitioner sells or transfers a will bank, the new custodian must honour the original promise: safe storage, prompt access, and respect for client choices.
Marketing rules also apply. Firms should contact clients only with proper consent, recorded in line with data protection law. People who placed a will in storage did not automatically consent to future marketing. Clear consent and opt-out options protect clients and reduce complaints. They also build long-term trust, which benefits any successor firm.
Planning a careful handover
A planned handover lowers risk. Practitioners can start with a complete inventory and an audit of storage conditions. They can confirm which clients are alive, gather current contact details, and identify any special instructions. They can prepare client letters that explain the change, introduce the successor custodian, and set out what will happen next. Where clients prefer to retrieve their original will or move it elsewhere, the process should be clear and efficient.
The transfer agreement should fix roles and standards. It should address data protection, insurance, retrieval timelines, costs, and complaints handling. Solicitor firms must arrange run-off insurance if they close without a successor. Non-solicitor firms should check their insurance and any obligations under membership bodies. A well-documented handover, with logs of what moved and when, helps evidence compliance and reassures clients.
A sector in transition: digital tools and consolidation
Estate planning has adopted more digital tools in recent years, from client onboarding to document indexing. Yet the original paper will remains central for probate in England and Wales. During the pandemic, the government temporarily allowed video witnessing of wills. That measure was time-limited and has now ended. Today, two witnesses still sign in the presence of the testator under settled rules. Digital indexes and secure portals can help track documents, but they do not replace the need to protect the original.
Market consolidation has also shaped the landscape. Larger firms and specialist custodians have grown by acquiring books of business from retiring practitioners. That can help clients if standards improve and retrieval times shrink. It can also introduce new processes and fees. Transparent communication, published service standards, and clear points of contact can smooth the transition for clients who did not choose the new custodian.
Wrap-up
The reminder from Today’s Wills and Probate is timely: a will bank is a promise, not a filing system. For retiring will writers and estate planners, that promise demands early planning, clear agreements, and careful communication. Clients depend on safe custody and swift access to original documents. Regulators and data protection rules add further duties. Practitioners who map their archive, notify clients, and choose a capable custodian reduce risk for families when they most need support. As digital tools spread and consolidation continues, firms that keep client interests at the centre—security, consent, and service—will protect both the value of their will bank and the trust it represents.