In the process of a loved one passing away, a missing will can add a lot of unneeded stress and upset to an already challenging situation. Whilst this is an emotionally taxing time, it is crucial to make sure all the necessary steps are taken to uncover whether or not there is a missing will.
Let’s begin with the paperwork
Examining the deceased person’s personal belongings and documents is an excellent place to start if you believe there is a will but can’t find it.
If they collaborated with a lawyer or will writer to draft their will, you could be able to locate relevant documentation, including a letter. In this case, contacting the will writer or solicitor again is crucial to ensure everything was accounted for.
Can I find a will through the bank?
It is definitely worth trying to speak to a representative where they banked.
Important personal documents are frequently kept at banks. Additionally, the bank might have been named as an executor or trustee, or it might have had a role in the formulation and execution of the will.
Delving into the transactions on their bank account can provide valuable insights. For instance, they might have set up a recurring monthly or annual direct debit to cover the cost of storing their will. Another clue could be a payment made to a lawyer or will writer.
Could another relative have knowledge of the will?
It’s crucial to talk about the issue with any friends or relatives you may have. It’s possible that the deceased informed some individuals about their Will and, if applicable, its storage location.
The National Will Register could help you
Another option if you still can’t find the will would be to undertake a Certainty Will Search. There are a number of 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.
I’ve tried everything, but still can’t find the will. What should I do now?
It’s crucial to explore all potential locations for wills, including HMCTS and the Probate Registries. While it may not be the norm, it’s advisable to verify even if the initial search doesn’t yield results. If the will is indeed stored with HMCTS or the Probate Registry, a lodgement certificate should be present in their paperwork.
For wills that have already been utilized by executors to secure a Grant of Probate, it’s highly recommended to consult the GOV.uk—‘Search probate records for documents and Wills’ website. This platform serves as a dependable resource for such records.
If the Will has been proven, you can request a copy of the Grant and Will for a small fee. This affordable option ensures that you can access the necessary documents without incurring significant costs, providing a sense of relief.
I don’t think my relatives made a will, what happens now?
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.