Losing a loved one is invariably a challenging time, marked not only by grief but also by the responsibility of managing their affairs. One of the most crucial steps in this process is trying to find a will. When someone dies, the appointed executor of their estate will need a copy of their will to carry out their final wishes.

Understanding where and how to find someone's last will and testament is essential - if the person had a valid will, following its provisions is a legal requirement. The document prepares you for correct estate administration and ensures that the assets in the deceased person's will are managed and allocated as they intended. Discovering that you cannot find a will at this time could lead to potential issues with the probate process.

In this guide, the expert Wills & Probate solicitors at Percy Hughes & Roberts provide clarity on how to locate a will after a death, and detail the next steps you should take if you cannot find it or it is missing.

If you have any questions we have not answered, our expert Wills, Trusts & Probate solicitors are happy to speak to you regarding your query and provide the legal services you need. You can contact us online by completing the enquiry form below or by calling 0151 666 9090.

Why Do I Need Someone’s Will After They Die?

A will serves as a comprehensive and legally binding document with instructions on how to handle the deceased’s estate. It outlines how the deceased individual's assets, from property and finances to personal belongings, should be managed and distributed. It not only specifies what each beneficiary will receive from the estate but can also cover specific wishes, including funeral arrangements.

The deceased will also name one or more executors in the document, who are responsible for overseeing the estate's administration. A will is required to obtain a Grant of Probate and move forward with the administration.

Why Do I Need the Will After a Death?

A will serves as a comprehensive and legally binding document with instructions on how to handle the deceased’s estate. It outlines how the deceased individual's assets, from property and finances to personal belongings, should be managed and distributed. It not only specifies what each beneficiary will receive from the estate but can also cover specific wishes, including funeral arrangements.

The deceased will also name one or more executors in the document, who are responsible for overseeing the estate's administration. A will is required to obtain a Grant of Probate and move forward with the administration.

How to Find a Will When Someone Dies

Unfortunately, wills are often hard to locate and only cross our minds when a person dies. If a loved one felt that they needed to keep their will safe, they may have hidden it without telling anyone its location. Below are several steps to help you in your search for the will:

1. Search the deceased's home: Start by looking in the deceased's home. Many people keep their important documents, including their will, in a safe place with other documents. You can often access these places more easily after the person dies. Common locations include secure drawers, filing cabinets, or a home safe. It is essential to approach this task with sensitivity and obtain permission from anyone who is living in the property to avoid any allegations of trespass. You should only do this if you believe you may be an executor of the will - for example, if the person told you this before they died - or if you are a close friend or family member.
2. Contact the deceased's solicitor: If the deceased used a solicitor or legal professional to create their will, reach out to the firm in question. Solicitors often retain the original will for safekeeping. Contact the solicitor and provide them with the necessary documents, such as the death certificate and proof of your identification, to obtain a copy of the will. A will-writing service may also have retained a copy.
3. Check with banks: Some individuals entrust their wills to banks for safekeeping. Contact the deceased's bank to inquire if they have a copy of the will. Similar to dealing with a solicitor, you will need to provide the bank with the required documentation to access the will. If the person used a safe deposit box at a bank or other location, a copy of the will may be stored here.
4. Use a will search service: Several companies specialise in locating missing wills. These services search for wills stored by solicitors and will writers across the country. They may also search the National Will Register, although not all wills are registered there. Keep in mind that these services often charge a fee for their assistance, and you can contact a will writer or law firm yourself if the deceased person kept any documents referring to the service they used.
5. Contact the Probate Registry: In some cases, the will may have been deposited with the Probate Registry. You can contact the appropriate Probate Registry to inquire if they have the will in their storage facility.

By taking these steps and conducting a thorough search, you can increase your chances of finding the will, which is crucial for ensuring the deceased's final wishes are carried out.

If you are unsure about the process or face challenges in locating records of the will, consider seeking guidance from a probate solicitor who can provide expert assistance.

What Happens if I Can’t Find the Will?

If you have taken the above steps and still cannot find the will, the estate must be managed under the assumption that one was not created. This is known as dying “intestate”. This refers to the situation in which a person passes away without having a legally valid will in place to specify how their assets and estate should be distributed after their death.

When someone dies intestate, the distribution of their estate is determined by the laws of intestacy, which dictate how assets are divided among the family of the person who died in the absence of a will. You can read our blog on the Rules of Intestacy to learn more.

The Rules of Intestacy can be very restrictive – there are no provisions for unmarried partners and non-family members, meaning they will be prevented from claiming any inheritance. This means it is vitally important to not only create a valid will, but inform loved ones of exactly where the original copy is kept.

It is also essential to inform potential beneficiaries about the circumstances of the situation. Transparency in communication is crucial, as it helps manage expectations and reduces the likelihood of disputes or legal challenges. If the person died without a will, you can find out who will benefit according to the rules of intestacy and make sure other hopeful beneficiaries understand what to expect.

What Happens After I Have Found the Will?

If you find the will by following the instructions above, you can begin the process of estate administration, including the probate process. You should notify any other executors, apply for probate, gather any assets, calculate and pay any outstanding debts, and then begin to distribute the assets. If you are not named as an executor, you must inform the person who has been given this responsibility. Until probate has been granted, the will is a private document, but it will later become a public document and you will be free to request your own copy at this time.

It is important to note that the specific procedures and requirements for handling an estate can result in a complex and time-consuming process. Many people seek the assistance of probate lawyers to ensure that everything is done correctly and in compliance with the law.

You can read our two useful blogs related to the process that follows a death here:

• The Ten Key Tasks for An Executor
• What is Probate of a Will and Why Is it Important?

Make it Easy for Loved Ones to Find Your Will

Ensuring that your will is easily accessible to your loved ones is a responsible and considerate act. It simplifies the probate process for them during a challenging time and helps ensure your final wishes are carried out as intended. Here are some steps you can take to make finding your will straightforward:

• Inform key individuals: Let your executor and close family members know the location of your will. Provide them with details about where it is stored, whether it is at home, in a specific place or with a solicitor.
• Store safely: If you choose to keep your will at home, store it securely in a fireproof and waterproof container. Ensure that it is protected from damage or loss that could be caused by unforeseen events.
• Use a solicitor: Consider using a solicitor to create and store your will. They often offer will storage services, which ensures the document is held safely and can be accessed when it is needed.
• Register with a will registry: The National Will Register is the UK’s provider of will registration, where you can register the existence and location of your will. This can be especially helpful if you have updated the will and used multiple solicitors over the years. You will receive a will registration certificate, which you should store securely as you would the will itself.
• Create copies: While the original will is crucial, having copies can be beneficial. Give copies to your executor and close family members, and inform them about the location of the original. However, you must make sure that the original will is secure and cannot be mistaken for a copy.
• Keep it updated: If you make changes to your will, ensure that the updated version is accessible. Destroy any outdated copies to avoid confusion.
• Inform your solicitor of any changes: If you engage a solicitor to create or update your will, inform them about any changes in your contact details or if you decide to store the will elsewhere.
• Review regularly: Periodically review your will and ensure it reflects your current wishes. If you experience significant life changes, such as marriage, divorce, or the birth of children or grandchildren, update your will accordingly. This can also help ensure the will is valid at the time of your death.

Remember that if your loved ones cannot find your will after you die, they will not be able to carry out your final wishes or distribute your estate according to your intentions.