Society of Genealogists | Dec 14, 2023, 12:00 PM

SoG Response to Ministry of Justice Consultation on the Storage and Retention of Original Will Documents

On 15 December 2023, the UK government published a consultation paper on the ‘Storage and retention of original will documents’.

On 15 December 2023, the UK government published a consultation paper on the ‘Storage and retention of original will documents’. The paper can be accessed online here. https://www.gov.uk/government/consultations/storage-and-retention-of-original-will-documents . At the same time, the government issued a press release backed up by posts on social media under the headline claims Easier access to historic wills under new government plans suggesting Genealogists, historians and amateur family archivists will be better able to access historic wills under proposals published today (15 December 2023).

The Society of Genealogists urges the Genealogy Community to read the paper and respond by the deadline of 23rd February 2024.

The Society of Genealogists is pleased to hear of intentions to make the 110 million probate files and ancillary documents more accessible and agrees these documents should be digitised for better and more convenient access. However, the track record of the Probate Service and its commercial partner Iron Mountain thus far has not shown that it can provide an efficient search and retrieval service. The claim that it could take 15-20 years to digitise the documents is also disappointing. Some of these post-1858 probate documents have already been microfilmed and digital copies are made available via the FamilySearch online library catalogue.

The Society urges the Ministry of Justice to consult widely and to find a partner who can serve the needs of the genealogical and historical community to ensure the digitisation of and access to the documents is complete and efficient and at a reasonable cost to the user.

The Society of Genealogists does NOT agree with the proposed destruction of the original documents after they have been digitised. Digitisation may provide more convenient access to documents and prevent further damage by overhandling etc. BUT Digitisation is not preservation.

The documents themselves are of legal and historic interest and should be preserved as such. A surrogate copy is just that, and while conceding that preserving digital records is complex and costly, most archivists and historians would point out that a digital file is not the same as a physical item - they are not interchangeable. It has been suggested that "Once they are digitised, they last forever." NO THEY DO NOT. Digitisation does NOT guarantee the record is preserved for ever. There have been too many digital and archival projects that have proved to have been badly completed, foundered or disappeared, to risk the destruction of the original documents.

Given that the MoJ is proposing that "famous" wills are preserved, does this not suggest that it too sees the possible dangers of relying solely on digital copies? Hence the Society of Genealogists rejects the proposal to only preserve the wills of certain "famous" individuals. Not only do opinions on who is and is not "important" change over time, the SoG firmly believes that the history of all people of all backgrounds are of equal importance and equally deserving of preservation.

The Society of Genealogists urges the Ministry of Justice to reject this proposal.

The Consultation asks a range of questions.  The Society will consider its response to these in due course.

In the meantime, responses to the paper can be made in the following ways:

Email to: civil_justice_poli@justice.gov.uk

Write to:

Will Storage consultation
Ministry of Justice
Postpoint 5.25
102 Petty France
London
SW1H 9AJ

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