Losing a loved one can be a very stressful and emotional time. You want to ensure that their last wishes are followed through with and the way to do that is through their Will. However, it can be difficult to locate if they haven’t communicated to you where they kept their Will. If you believe your loved one has written a Will, it’s essential to find it.
Locating their Will is necessary, as it states who inherits the assets in the estate and who is responsible for administering the Will. We’ll discuss why it’s important to locate their Will, ideas on how to locate their Will, and what happens if you cannot.
The Importance of Finding Someone’s Last Will
It’s essential to find a person’s Will because if you cannot find one, the estate may be distributed incorrectly. Secondly, the original Will is needed to apply for the Grant of Probate for the estate. A Grant of Probate gives authority to the Executor to deal with the estate’s assets for example closing any accounts opened in the deceased’s name, selling their property, shares and other assets.
If a Will is not located, it will be assumed that either a Will was never written, a later Will exists, or it was destroyed by the testator (the person who wrote it), and the estate will be deemed intestate. When this happens, the estate is distributed using “intestacy rules”.
Where to Look for a Will
Here are some ideas on locating someone’s Will.
#1. Search Their Home
One of the most common places people keep their Will is in their home. If they’ve made a Will, they will typically keep it among their possessions. If there is a safe or a fireproof box, that would be a great place to check.
#2. Talk to Friends and Family
Have a conversation with the family and friends of the deceased. Even if you weren’t told where the Will is, there’s a chance the testator may have spoken to someone else about its whereabouts.
#3. Contact Their Solicitor
It’s common for one to seek the assistance of a solicitor to write their Will, which means their solicitor may be storing it for them. If you’re unsure which solicitor the deceased may have used, start by contacting solicitors in the deceased home town
#4. Speak to Other Advisors They May Have Had
It’s possible that the deceased sought the assistance of other professional advisors like tax advisers, financial advisors, or accountants. They may know of the location of the Will.
#5. Check With Their Bank
People will sometimes keep their Wills and other important documents in safe deposit boxes at their bank. If you know where the deceased banked, it can be worth checking with them to see if the Will is being kept there.
#6. Contact the Principal Probate Registry
The Principal Registry of the Family Division, part of the High Court, is a place where Wills are stored. You can check to see if a Will is stored with them by writing to them.
#7. Enlist the Help of a Will Search Company
There are companies out there who will do a Will search on your behalf for a fee. They search solicitors, Will writers, and commercial Will registers. Certainty.co.uk will help anyone searching for a Will. There is a fee payable for the search.
What to do After You’ve Found the Will
After you find the Will, you will have to make sure it’s valid. Below are some questions you should ask yourself while reviewing the Will. If you have any questions or concerns, contact a qualified solicitor.
- Was the Will signed by the deceased in the presence of two witnesses?
- Are there handwritten amendments on the document?
- Are all pages accounted for?
If the Will is valid, the executors can begin administering the Will.
What to do if you can not find the Will
Contact the Solicitor or Will Drafter who drafted the Will.
- Ask them whether they took a copy of the executed Will.
- They will need to make an affidavit stating that they drafted the Will to enable the copy that they have to be proved.
Still Have Questions? Elizabeth Middleton Solicitors Can Help
At Elizabeth Middleton Solicitors, we understand that you’re going through a very emotional time and being unable to locate your loved one’s Will can worsen matters. We also know that the intestacy probate process is complex which is why we are here to help. Our team has over a decade of experience in Wills and Probate. We’ve been through the probate process many times and can foresee any possible difficulties so that we can resolve them before they arise.
Contact us today to schedule a consultation.
