After someone passes away, it’s important to find out if they have a will and where it is kept, but this can be particularly difficult if they pass away suddenly.
If you can't find someone's will, or they died without making one, the estate will be distributed in line with intestacy rules. This means the deceased's assets might not pass on to the people they wanted to receive them.
There are steps you can take to find a will, but in a survey of 1,045 Which? members in October 2022, eight in 10 were unaware of the National Will Register, which has more than 9.4m wills you can search for.
Here, Which? rounds up five things you need to know about tracing and storing a will.
1. Certain people are responsible for locating the will
Typically, if a will exists the named executor or executors is responsible for locating it and getting the original copy.
Executors also have a legal duty to make sure the deceased's estate is distributed correctly, and can be held financially responsible for any mistakes.
2. A relative's home is usually the first port of call
In our survey, one in 10 respondents said they'd had to search for a relative's will and of these, 69% searched their relative’s home.
Some people store their will at home to spare the cost of a storage service, but if you choose this option, make sure executors know where to look and can access it. For example, if it’s in a safe, your executor will need to know the combination to open it.
If you’re searching for the will and don't know where it is, carry out a full search of the home, including inside every drawer and cupboard. You could also ask any surviving family members if there are any safe places where the deceased kept important documents.
3. It may be with the solicitor or bank
If you don't find the will in the deceased's home, you might have to try elsewhere.
According to our survey around four in 10 spoke to a solicitor, a quarter checked online and one in 10 spoke to a bank when trying to track down a will.
Most solicitors will store wills for free for customers who make their will through them. If you're looking to store your will, your solicitor might still hold it for free even if it was written elsewhere.
If the deceased's solicitors have shut down, contact the Solicitors Regulation Authority (SRA). When a practice closes, it takes the client documents, so it could be holding a will you're looking for.
Some banks also offer a will storage service for a modest charge, however you should never keep your will in a safe deposit box. This is because the executor won't be able to access the box unless they have probate, which they won't be able to obtain because they won’t have the will.
- Find out more: how to make a will
4. The National Will Register could help
One way to help is to register your will with the National Will Register, which can be used to track down the location of a will. However, few people seem to be aware of the service as eight in 10 members who took our survey said that they hadn’t heard of it.
The National Will Register has more than 9.4m wills registered and it's The Law Society’s preferred provider.
You do have to pay for any searches you make, which cost from £58.80. You can choose from three different searches:
- Will Register Search This option is recommended if you have a will registration certificate, or believe the will you are looking for was registered.
- Will Search Combined This carries out three searches to look for registered and unregistered wills.
- Will Search COP This is to support deputies and attorneys who are acting on behalf of someone who is still alive and has lost testamentary capacity.
If you want to register your will, you can do it online for £25, plus VAT, even if the will was drawn up years ago.
- Find out more: could your will be contested after your death?
5. You might be able to use a draft, copy or reconstruction
If the will is still nowhere to be found, but you're certain the deceased made one, you might be able to proceed with a draft, copy or reconstruction of the will.
In England and Wales, this will require making an application to the probate registry under Rule 54 of the Non-Contentious Probate Rules 1987.
However, for your application to be successful, you'll need strong evidence of the deceased's intentions. Something such as notes from a meeting with a solicitor would be suitable. You'll also need to provide an explanation of how the will went missing – for instance, had the deceased moved and possibly thrown the will away by mistake?
In Scotland, there is a different process where you would have to submit an application to court to ‘prove the tenor’ of the will.
In Northern Ireland, you have to make an application under Order 97 of the Rules of the Supreme Court (Northern Ireland) 1980.
With all of these processes, it’s best to seek advice from a probate solicitor.
- Find out more: what to put in your will
Are you making a will?
If you're planning to write a will, you can choose to do it yourself with the help of a solicitor, or using a will writing service such as the one offered by Which? Wills.
Your will must be signed by you and two witnesses, who can't inherit anything as beneficiaries, although they can be named as executors.
Our guide to making a will offers more details on how to make sure your will is legally binding.
source https://www.which.co.uk/news/article/5-things-you-need-to-know-about-how-to-store-and-find-a-will-aFLwJ7a8ECNB