When a person passes away, one of the most important legal and financial steps is determining if they left a will. A will outlines how their assets should be distributed, ensures their wishes are followed, and can help avoid potential disputes. If you are responsible for handling the estate or believe you are a beneficiary, you may need to find out whether a will exists and obtain a copy.
In the UK, wills and probate processes are governed by specific laws and procedures. If a valid will exists, it should name an executor who is responsible for administering the estate. However, finding out whether one exists and obtaining a copy can sometimes be a challenge, particularly if the deceased did not communicate their plans in advance.
Understanding how to locate a will, whether before or after probate has been granted, can help ensure that the person’s estate is managed correctly. This guide outlines the various steps you can take to determine if a will exists and how to access it.
One of the first steps in determining whether a will exists is to speak with close family members or friends of the deceased. Many people discuss their plans with family before they pass away, and they may have informed someone of the document’s location.
In addition to family, you may want to check with:
– The deceased’s solicitor, accountant, or financial advisor
– Their executor, if known
– Trustees or any other legal representatives they worked with
A will is commonly stored in a secure place, such as a solicitor’s office, a bank’s safe deposit box, or at the deceased’s home. Checking among personal belongings, files, or safes may yield results if no one is immediately aware of its existence.
In the UK, the National Will Register is a valuable resource for locating a will. Many solicitors and will-writing services register documents on this database, providing a way to track them down after someone has passed away.
You can perform a Certainty Will Search via the National Will Register, which will check whether a will exists and is stored by a solicitor. This search can help if you are uncertain about where the will was kept or if multiple solicitors were involved. There may be a fee for accessing these services, but the results can save considerable time in identifying whether a will has been formally recorded and where to locate it.
If the deceased had an ongoing relationship with a solicitor, they may have stored the will with them. Many legal firms offer will-writing and safekeeping services, so contacting local solicitors that the person may have used is a logical step.
If the individual did not use a solicitor but opted for an online or third-party will-writing service, it may be worth checking with relevant companies. Online will services have become increasingly popular, and some provide digital storage of legal documents.
A will may be stored among the deceased’s personal papers—whether in a home office, desk, safe, or filing cabinet. Checking paperwork thoroughly can be essential, as some individuals may not have informed relatives or friends of its whereabouts.
When searching, keep an eye out for other relevant legal documents, such as letters from solicitors, references to will-writing services, or bank statements that indicate storage fees for a safe deposit box.
Once probate has been granted, a will becomes a public document. The probate process is the legal process of administering an individual’s estate after their death and is necessary when significant assets are involved.
If you suspect that probate has already been obtained, you can check the UK Government’s probate search service. This online service allows you to search for wills and grants of probate after probate has been issued. Typically, probate is granted within six months to a year of death.
To conduct a search via the UK probate registry, you will need:
– The person’s full name
– Their last known address
– Their date of death
If a will has gone through probate, you can apply for a copy through this service for a small fee.
If you cannot find evidence of a will but believe one may exist, you can apply to the Probate Registry for a standing search. This allows you to be notified if probate is eventually granted within a period of six months. If no will is registered within this time and you suspect it may turn up later, you can reapply to extend the search.
The Probate Registry can also provide information on whether probate has been obtained and whether a will has been submitted. If there is doubt about whether an estate can be administered without knowing the will’s whereabouts, legal advice should be sought.
If a thorough search does not result in finding a will, the estate will be handled according to the rules of intestacy. In the UK, intestacy laws determine how a person’s estate is distributed when they pass away without a valid will.
Under the rules of intestacy, assets are typically inherited by the closest living relatives in a predetermined order. The distribution follows these guidelines:
1. Spouses and civil partners inherit a large portion of the estate (or all of it if there are no children).
2. Children inherit if there is no surviving spouse.
3. If no immediate family members (spouse or children) exist, the estate is passed on to more distant relatives, such as parents, siblings, nieces, or nephews.
Unmarried partners, close friends, or charities will not inherit unless explicitly named in a will. If no eligible living relatives can be found, the estate may ultimately pass to the Crown (Bona Vacantia).
If you believe a will exists but cannot locate it, or if a newly discovered will contradicts expectations, you may need legal advice on contesting the matter. Will disputes can occur if documents are lost, destroyed, or if a more recent version is found after an estate has been distributed.
Legal intervention may be needed if:
– A later will contradicts an earlier version
– A found will appears fraudulent or forged
– The deceased may not have been of sound mind when making their will
– The will does not meet legal requirements for validity
Seeking guidance from a solicitor experienced in inheritance law can provide clarity on how to proceed in such circumstances.
Locating a deceased person’s will is an essential step in managing their estate correctly. While the process may sometimes be straightforward—particularly if family members or solicitors know where it is stored—there can also be challenges, especially when records are not clearly documented.
By checking personal records, conducting formal searches, contacting solicitors, and using the probate registry, you can significantly improve your chances of finding the necessary legal documents. If no will is located, understanding intestacy rules ensures that the estate is still handled in a legally compliant manner.
For those managing estates or uncertain about legal steps, seeking legal advice promptly can help navigate complexities and ensure that the deceased’s wishes are ultimately respected.
Privacy Policy
Terms and Conditions
Disclaimer
COPYRIGHT © 2024 MY WILL AND PROBATE
