I can’t find the will
After a loved one dies, it is important to ensure that reasonable steps are taken to establish whether there is an existing valid Will.
The paperwork
If you think there is a Will, but you are unable to find it, the first place to start would be checking through the person who has died paperwork and personal belongings.
If they had made a Will with a solicitor or Will writer, there may be a letter and/or other paperwork which can point you in the right direction. In this situation, it is important to follow up with the solicitor or will writer to make sure you haven’t missed anything.
The bank
Another place to look into would be where they banked.
It is not unusual for a bank to store important personal documents. It is also possible that the bank could have had an input in the Will drafting/execution and/or be appointed as executors/trustees.
It may also be worth checking through transactions on their bank account. This is because they may have set up an ongoing annual/monthly direct debit to pay a Will storage fee. You could also check to see if any payments were made to a solicitor and/or Will writer.
Chat to family
It is also important to discuss the matter with any family members or friends. It could be that the person who has died told certain people that they had made a Will and if so, where it was stored.
The National Will Register
Another option if you still can’t find the will would be to undertake a Certainty Will Search. There are several different searches which you would be able to choose from. You will need to consider which is best suited to the circumstances you face. It is important to note that only Wills either on the Will register or those that are being held by a solicitor will be picked up in a search. This type of search won’t pick up homemade Wills or Wills written by Will writers.
Where else may I find the will?
Wills can also be stored at HMCTS and the Probate Registries. Whilst it may be unusual, it may be worth checking if none of the above results in a Will being located. If it has been stored with the HMCTS or the Probate Registry, you should be able to locate a lodgement certificate in their paperwork.
If it is possible that the Will has already been used to obtain a Grant of Probate by the Executors, it would be worth checking the GOV.uk – ‘Search probate records for documents and Wills’ website.
If the Will has been proved, a copy of the Grant and Will can be requested for a small fee.
Died without a will?
If reasonable steps have been taken and no Will can be found, the general presumption is that the deceased died intestate (meaning without a Will). In those circumstances, their estate will be dealt with under the Rules of Intestacy.
Share of inheritance
With 1 in 3 people relying on an inheritance, disputes over inheritance arrangements can often occur following the death of a family member.
If you are unhappy with your share of inheritance and want to learn whether you can challenge the current arrangements, we have created a tool that can help you understand the legal issues around these disputes and give you an instant answer to whether anything can be done to resolve your situation.
The tool asks a series of questions covering the typical issues people face in an inheritance dispute situation. It provides detailed guidance to help users understand whether they have the right to dispute and then advises on the likelihood of success based on their situation.
The tool is completely free and easy to use.
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