When someone dies the task of locating the deceased’s most important documents tends to fall to the immediate family. This adds stress and anxiety to an already difficult time. These documents that need locating include the Will that should contain the deceased’s last wishes regarding the funeral and their instructions for distributing the estate.
Locating a Will, especially when you are bereaved is not always easy.
This blog aims to help you with this process and explains what will happen if you can’t find it.
What else do you need to locate when someone dies?
In addition to the Will, there are several other documents that you will need to locate:
- Birth, marriage, death certificates. These would have been required to register the death.
- Insurance policies.
- Bank/building society account details.
- Pension details.
You probably won’t need them to administer the Will but if you need to apply for a Grant of Probate you will do, so it’s worth keeping them all together when you find them.
How do you find a Will?
Legally, a Will does not need to be registered online or stored anywhere official. However, Testators (the person whose Will it is) are advised to let their Executors know where it can be found and to discuss the contents with them.
If a Will has not been stored online or in professional storage there are some steps you can take to locate it.
The first and most obvious is to search the deceased’s property. Most important documents are often filed away together (but not always). Keep vigilant for solicitor details, a Will Registration Certificate or Will Storage company. If you find a Registration Certificate you can find the Will on the National Will Register. Be aware that searches are not free and you would need to be the Executor to find out the contents of the Will.
If you think you might find searching the property emotionally challenging you would be advised to get some help from someone you know and trust.
If the search does not uncover the Will you should try contacting local solicitors and Will writing companies. You will need to be the Executor in order to obtain the documents though.
You can also contact the deceased’s bank to see if the Will has been stored there. Again, if you are not the Executor the bank may not be able to deal with you.
What do you do if you can’t find the Will?
When a Will cannot be located and every avenue has been exhausted the estate has to be administered under the rules of intestacy, this is dictated by the law. The rules differ in England and Wales to Scotland.
To find out more about probate and Will Administration read our blog: What is Probate?
For advice on Will storage and registration read our blog: Where should I keep my will and do I need to register it?
If you need any help or advice regarding Will writing or updating, please contact us here for a free initial no-obligation consultation.
