What To Do If a Will is Missing?

Losing a loved one is an emotionally challenging experience, and when the added complexity of searching for a will arises, the situation can become even more daunting. A will is a crucial legal document that outlines an individual’s wishes regarding the distribution of their assets and the guardianship of their dependents after their passing. However, circumstances may arise where locating the will becomes a challenge and you may need to search for the will.

In this blog, we will explore the steps and considerations involved in handling the delicate situation of a missing will. Whether you are an executor, a family member or a concerned party, understanding the proper course of action is essential to ensure a fair and lawful resolution. From initial searches to legal procedures, we will guide you through the process of addressing the complexities that arise when a will goes missing, offering insights and practical advice to help you navigate this often uncharted territory.

Searching for a will UK

The UK does not have a central will registry. This means that a will existence does not have to recorded anywhere, meaning there isn’t necessarily evidence of a will being made or stored. Recently, a website known as Certainty has been made, which is national will register. However, it is not a requirement to register a will with Certainty.

If you find yourself searching for a missing will, these are the steps you should follow.

Look through the testator’s paperwork. There may be notes of who they used as their will writer or solicitor and where their will is stored.
Contact the testator’s solicitor, they may be able to tell you where the will is stored.
Check Certainty. If their will was made more recently, it may be recorded on Certainty.

What to do if an original will cannot be found

If an original will cannot be found, a copy of a signed will can be used in the application for a Grant of Probate.

If the will has been destroyed, this usually means the will has been revoked. You will need to make an application to court for the will to be accepted.

What if a will is found after the administration of the estate?

If a will is found after the administration of the estate you will need expert legal advice. Executors will be responsible for dealing with the re-administration of the estate. A settlement will need to be agreed, as beneficiaries who benefited may end up losing out.

How should I keep my will safe?

If a will is damaged in any way, it could be deemed as invalid and the rules of intestacy will be followed. Therefore, it is vital that you keep your will safe.

Storing the will at home – If you choose to keep your will at home, it is important that it is kept in a locked safe.
Probate service – For £20 you can deposit your will at the probate service. You or an executor can then retrieve this for free of charge.
Solicitors – Solicitors will keep your will in a fire proof safe. Solicitors have to pay personal indemnity insurance, meaning if anything was to happen to your will, you would be compensated.

How can Taylor Bracewell’s Wills, Probate & Trusts team assist you?

Here at Taylor Bracewell solicitors we can help you search for a will and apply for a Grant of Probate. We can also keep your will safe in a fire proof safe and assist your executors, once you pass. For more information contact our Doncaster team on 01302 341414 or our Sheffield team on 0114 272 1884. Alternatively, you can fill out our online enquiry form.