Regarding the proposed destruction of original wills after 25 years (Editorial, 1 January), as a former barrister and part-time judge who frequently dealt with claims relating to wills, I would suggest that it is not only historians and genealogists who should oppose this misconceived proposal. Lawyers should also be concerned.
It is rare but not unknown for a will to be challenged in litigation more than 25 years after probate of it has been granted. Under current practice in such cases, the court will direct that the original document be deposited in court to be available for inspection by the parties and the judge. If it is in storage with the Ministry of Justice, arrangements are made for it to be sent to the court. That would not be possible if the will has been destroyed under these proposals.
