A Will is crucial in making sure that an estate passes to the right people after someone dies. But sometimes it can be hard to locate a Will. If you're faced with this situation, here’s a guide on what steps to take when a Will isn’t immediately found.
After a death, those who believe that they are the deceased’s executors will generally take on the job of trying to find the Will. It is recommended that after a Will is written it is stored securely somewhere, with a clear record kept of its whereabouts.
Search the deceased’s belongings
The first place to start is by thoroughly searching the deceased’s personal property. Check their paperwork, filing cabinets, or home safe. Even if the Will itself isn't located, you might discover valuable clues, such as a letter from their solicitor or a receipt from a Will storage service, indicating where the Will might be kept.
Contact the deceased’s solicitor and bank
If you know which solicitor the deceased used, you can contact them. Solicitors often keep Wills for their clients in safe storage facilities, and they will have good records showing exactly what they hold. Please note that you will likely need a copy of the deceased’s death certificate to provide to the solicitor, and they will only be able to speak to the Executor named in the Will.
Similarly, banks have historically stored Wills for clients, so it’s worth contacting any bank the deceased used to see if they have the Will.
Check with Wills records facilities
A number of registers of Wills exist. The best know is the National Will Register, a Will registration and search service. Over nine million Wills are recorded on its system. Conducting a search through this service can be an effective way to find a registered Will.
Carry out a Wills search
There are also services available offering Wills searches that may be able to help, although they typically perform similar checks to those you can do on your own, such as contacting solicitors, banks, and registries.
What to do if a Will cannot be located
If a thorough search doesn’t uncover the Will, it’s advisable to consult a lawyer.
If a copy of the Will can be found, it may be possible to apply to the Probate Registry to prove this. The lawyer who prepared the Will will be able to provide records of their work on the Will by way of evidence of its creation and details of their work on it. When applying to the Probate Registry with a copy, you'll need to submit a sworn statement explaining why the original Will cannot be found, along with any evidence that the deceased had indeed signed a Will. This process can be more complex if the Will excludes someone who would otherwise be entitled to inherit, so it is recommended to seek legal advice before proceeding.
Ensuing your Will can be easily located
To ensure that your own Will can be found without difficulty, you can register it with the National Wills Register and store the document securely somewhere obvious or with a professional.
If you use a solicitor, they will provide you with a receipt and copy that can be placed with your important documents. It is sensible to inform your Executors that you have appointed them to act under your Will and let them know who prepared the Will for you so they can get in contact when the time comes.
By taking these precautions, you can ensure that your Will is easily found when needed, providing peace of mind to your loved ones during a difficult time.
Contact us
If you are the executor or administrator of a deceased person’s estate and would like some assistance in dealing with the administration, please contact us by email at privateclient@baker-law.co.uk or by phone on 01252 733 770. We will be happy to arrange an appointment for you to discuss the details of the estate with one of our expert probate and estate administration lawyers at our Farnham office. We can then provide details of the next steps in the process.
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