During this October’s Free Wills Month, you may be considering writing or amending your will to make sure your wishes are documented for the future.
But what happens to your will after you’ve written it? If you’re an executor of a will and you can’t find the document, what steps can you take to track it down?
Search through the home and belongings of the person who has died
This is a common starting point when searching for a will. Check through paperwork, files and drawers, including any filing cabinets and home safe, looking for the original will but also other documents which may help your search such as solicitor correspondence or invoices.
Check the National Will Register
The National Will Register is the UK’s will registration and will search service. Wills can be registered with the service, along with details of where the original is stored, making tracking down a will much simpler for executors.
The National Will Register currently holds the details of around 10.5 million UK wills and can help to avoid lengthy delays or problems arising before and during probate.
If you’re tracking down a will, you’ll complete an online form on the National Will Register website to start your search. If the search is positive, the National Will Register will notify the organisation storing the will and you’ll then need to supply proof of ID and the Death Certificate.
Get in touch with the bank
In the past, banks have often stored original wills for customers along with documents such as original property deeds.
If you know the bank used by the person who has died, it may be worth getting in touch with them to find out what documents they have, if any. You will likely need to supply at least your proof of ID and the Death Certificate.
Get in touch with the solicitor or will writing service used by the person who has died
If you know which solicitor or will writing service was used, you should contact them to see whether they have stored the original will, or if they can advise as to where it may have been stored.
Solicitors often store wills long-term for clients, and a search of their archives should reveal whether the will you’re looking for is held in their storage. Again, you will likely need to supply proof of ID and the Death Certificate as a minimum.
What if I still can’t find the missing will?
If you have a copy of the will but you’re missing the original, you can apply for a Grant of Representation which will allow you to administer the will. You should speak to a solicitor about making this application, and you may need to obtain information from the solicitor or will writer who wrote the will.
If the will still can’t be found, the estate will be administered under the rules of intestacy, which may not reflect the wishes of the person who has died.
How can I store my will safely so my executors know where to find it?
You can store your original, signed will safely with HM Courts and Tribunals Service. This costs £24 and allows your executors to find your ill easily when they need it. By storing your Will this way, you’ll avoid losing the document in a house move, or if your solicitor changes or closes their firm, and your executor doesn’t need to remember locations or solicitor details.
Many people choose to store their Will at home in a safe place, or with a solicitor. If storing at home, make sure the document is kept in a waterproof and fireproof safe and be sure to let your executors know where to find the Will and how to access it.
Avoid storing your Will in a bank safety deposit box. Most banks won’t allow access to safety deposit boxes without a grant of probate, which can’t be obtained without the original Will that’s stored inside!
Don’t forget to register your will with the National Will Register too. Your solicitor or will writer will help you with this.
A Will makes things easier for those close to you
A Will makes life easier for those you leave behind.
Not only will you have protected their interests, particularly if you live with a partner or where you have dependents, but by making some difficult decisions for them – such as setting out what is to happen to your estate after you die, who is to manage your estate and what is to happen if any executors die before you – you’re helping them through what is likely to be a challenging time.
This article has been prepared by Adroit Legal Services and is not intended to constitute legal advice.
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The National Bereavement Service supports anyone who has experienced a bereavement, including sudden or traumatic bereavement, with practical and emotional information and advice from professional bereavement advisors with real, lived experience.
We help you to comply with legal requirements, signpost you to providers such as funeral directors and solicitors, and provide a listening ear that helps you through a very difficult time.
For personal, confidential, and practical help following a bereavement, or for advice when planning your future, call the NBS on 0800 0246 121 or visit www.thenbs.org
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