Who Can Certify a Copy of a Will?

A copy of a will can usually be certified by a solicitor, notary public or another professional person who is accepted by the organisation requesting the document. The person certifying it will check the copy against the original will and confirm that it is a true copy.

You may be asked for a certified copy when a solicitor, beneficiary, executor or other organisation needs to see the will without the original document being handed over. However, certification only confirms that the copy matches the document it was compared against. It does not confirm that the will itself is legally valid.

Here, JMW’s Will Disputes team explains who can certify a copy of a will in the UK, how document certification works and what to do if there are problems with the original will.

What Does It Mean to Certify a Copy of a Will?

Certifying a copy of a will means confirming that the copy is a true and accurate reproduction of the document the certifier has seen.

A certified copy is therefore different from an ordinary photocopy or scanned copy. The person carrying out the document certification compares the two documents and adds a signed statement confirming that the copy corresponds with the original.

Certification does not confirm that the will was legally valid when it was made. It does not establish whether the person making the will had testamentary capacity, whether the will was correctly executed or whether someone exerted undue influence over them.

These are separate legal questions that may become relevant if there is a dispute about the validity of a will.

Who Can Certify a Copy of a Will in the UK?

A solicitor or notary public can certify documents, including copies of wills.

Government guidance on certifying documents also lists other professional people or people of good standing who may offer document certification, including:

• Bank or building society officials
• Chartered accountants
• Councillors
• Dentists
• Teachers or lecturers
• Ministers of religion

However, this does not mean that every organisation will accept a will certified by any person on this list. The organisation asking for the certified copy may have its own requirements about who can carry out the certification.

If you have been asked to provide a certified copy of a will, check those requirements before arranging certification. For legal matters involving an estate or a dispute about a will, using a solicitor or notary may be the most appropriate option.

How Is a Copy of a Will Certified?

The person certifying the will must have access to both the original document and the copy being certified.

They compare the documents and confirm that the copy accurately reproduces the original.

To do this, a certifier may need to:

• Write wording confirming that the document is a true copy of the original they have seen
• Sign and date the copy
• Print their name beneath their signature
• State their occupation
• Provide their address and contact details

The person certifying the document may also apply their professional stamp where appropriate and may charge a fee for the service.

You should check the exact requirements with the person or organisation requesting the copy. They may require particular wording or only accept certification from specified professionals.

Why Might You Need a Certified Copy of a Will?

There are several reasons why someone may ask for a certified copy of a will.

For example, a solicitor or another professional dealing with the deceased person’s affairs may need reliable evidence of the document without taking possession of the original. An executor, beneficiary or other person with an interest in the estate may also need a copy in connection with an estate matter.

Certified copies can be useful because original wills need to be handled carefully. Where an executor applies for probate in England and Wales, the original will must normally be sent to the Probate Registry. A photocopy cannot be used in its place for an ordinary probate application.

The need for certification therefore depends on what the copy will be used for. Always check whether the organisation wants a certified copy, an ordinary copy or the original document.

Can You Certify Your Own Copy of a Will?

You should not certify your own copy where independent document certification is required. A person certifying a document should not normally be related to you, live at the same address as you or be in a relationship with you.

The important point is that certification provides independent confirmation that the copy corresponds with the original document. Certifying your own document would not provide that independent check.

Different organisations can impose different requirements. If somebody has asked you to certify your documents, confirm who they will accept before arranging the certification.

What if You Do Not Have the Original Will?

If the original will cannot be found, the situation is different from simply obtaining a certified copy.

Ordinarily, the certifier needs a reliable document against which they can check the copy. A photocopy cannot simply be treated as an original because somebody has signed it.

The absence of an original will can also have legal consequences when someone dies. The original will is normally required when applying for probate. Where it has been lost, it may still be possible to make an application using evidence of the missing will.

JMW advises executors and beneficiaries where a will has been lost or destroyed. Depending on the circumstances, a copy or draft may provide evidence of the will’s contents, but additional steps may be necessary before the estate can be administered.

Does a Certified Copy Prove That a Will Is Valid?

No. Certifying a copy of a will does not prove that the will itself is legally valid.

The certification confirms that the copy matches the document against which it was checked. It does not establish whether the legal requirements for making a valid will were satisfied.

A separate question may arise if there are concerns that:

• The person making the will lacked testamentary capacity
• Someone subjected them to undue influence
• They did not know or approve the contents of the will
• The will was not executed correctly
• The document may have been forged or affected by fraud

If concerns such as these arise, obtaining a certified copy does not resolve them. JMW’s will dispute solicitors can assess the circumstances and advise whether there may be grounds to challenge the will.