Safe Deposit of Wills
There is currently no legislation in the Falkland Islands regulating the deposit and safe custody of wills. However, the Registry Office in Stanley offers this service and will, from the 1st August 2018, be adopting The Wills (deposit for safe custody) Regulations 1978 as best practice.
The Registrar General, from this date, will require that the envelope containing the will/codicil has the following endorsement on the front (amended as applicable):
This sealed packed contains the last Will and Testament [with a codicil thereto] [or codicil to the last Will and Testament: or as the case may be] [bearing date] [respectively] (state date of all testamentary documents enclosed) of me (full name) of (full postal address)
In which of and of
Are appointed Executors, which I hereby lodge for deposit in the Registry Office, Town Hall, Stanley, Falkland Islands for safe custody.
I undertake to notify the above named Executors of their appointment and of the deposit of the will [and] [codicil]
I certify that the date of my birth was the
Dated this x day of x 20
The fee of £10.50 is payable for each deposit.
The Registrar General will issue a certificate detailing;
- ·the Testator
- ·Date of the will/codicil
- ·Name(s) of Executor(s)
- ·Date of deposit & registration number
The certificate will also state that the will may not be given out during the lifetime of the Testator unless permission is given by the Registrar General.
If someone wishes to withdraw their will/codicil during their lifetime they (or their agent) will need to complete a “request for withdrawal” and present their certificate (where applicable).
Upon the death of the Testator, the Executor(s) will need to complete a “request for withdrawal”.
The Registrar General may refuse to accept for safe keeping any wills or codicils which do not have the above endorsement on the envelope.
The Registry Office does have a few (limited) copies of envelopes available for the public.
From the 30th July 2018, the Registrar General will be issuing Certificates of Registration to Testators who currently have wills deposited in the Registry.