It is the Committee's view that the safest place for a will is in the solicitor’s will safe.  We would recommend that solicitors advise their testator clients to inform their executors that they are executors and that the testator’s will is to be found in the solicitor’s office.

Storage fee

If a solicitor intends to charge a fee for storage of a will, even a nominal one, this should be raised in the letter of engagement and agreed with the client. It should also be included in the Section 150 Notice and Section 152 Bill of Costs when drafting and executing the will. 

Banks and other financial institutions do not store assets for safe keeping for clients.

Previous wills

Where the firm has a number of earlier wills of a now deceased testator and is probating the final will, the firm may consider storing the earlier wills in the probate file for that final will and not in their wills safe.  This ensures that these earlier wills are available if any issue arises regarding the final will. Once the administration of the deceased testator's estate has been successfully completed, however, they are not included in the wills safe or the wills register, freeing up storage capacity.

It is crucial that the wills register is kept up to date. The following recent High Court cases are instructive in this regard.

• Eastwood and Anor v Richards and Ors [2026] IEHC 63
• In the Estate of Patrick Quinn – v- Succession Act, 1965 [2024] IEHC 670

Scrivenery fee

Where the testator or executor chooses to remove the will from your office, it is appropriate to charge a scrivenery fee for searching the wills register, finding the will, taking it out, making a copy and arranging for the collection of the will by the person concerned and the drafting and execution of a receipt for that will.

Release of the will

When releasing a will to an executor, it is recommended that this take place in the solicitor’s office and that the executor sign a receipt for the will.  This receipt might also include a statement attesting to the plight and condition of the will at the time of collection and a confirmation that collecting the will ceases the office’s involvement in the matter.