Drafting a Will that outlines how your estate should be distributed after you die and your funeral arrangements can be difficult, but it is a task that everyone should do at some point in their lives.
Various studies have suggested that around 60 per cent of Britons – approximately 31 million people – haven’t drafted a Will.
Additionally, many of those who have previously created a Will don’t know where the document is located.
Having a Will and not being able to find it can create several issues for executors and beneficiaries after death.
Although most people hold their most current Will in a secure place, there have been complex and costly disputes where Wills haven’t been located or old Wills are used in the place of more up to date documents.
It is the responsibility of executors and administrators to attempt to locate a deceased person’s Will soon after their death and follow its wishes.
If you cannot locate a deceased person’s most recent Will here are some places to consider looking or contacting.
A safe place
Many of us will have a place in our homes to secure important documents. This could be a folder or even a safe.
It is important that you search the deceased person’s home thoroughly to try and locate any important documents, such as a Will.
If you know you are an executor it would be beneficial to discuss where these documents will be stored while the person is still alive, but if this isn’t the case do your best to locate any information that you can.
Even if you can’t find the Will itself you might be able to locate correspondence that may suggest where a will is stored, such as letters from a solicitor.
Banks and advisers
It is not uncommon for banks or financial advisers to offer a Will writing service. In some cases, they may also hold a copy of the Will for a person, so it is worth contacting them to see if any information is held that may assist you.
It is becoming more common now for other advisers to hold a copy of a person’s Will as well, including some accountants, so you should make sure that all potential avenues are exhausted.
Solicitors
When drafting a Will, it is common for the law firm that assists a person to offer to store the Will for a small annual fee.
If you know which solicitor helped the deceased person to prepare the Will it would be worth speaking with them to see whether they hold a copy of the Will.
Where a Will was written some time ago you may find that the firm is no longer in business.
If that is the case, you should contact the Solicitors Regulation Authority Intervention Archives department, which stores all documents held by firms that they close down.
Alternatively, you can speak to the London Principal Probate Registry, which also stores Wills that can no longer be held by the original law firm.
A copy of the Will
Sometimes it may only be possible to get a signed copy of a Will. In these circumstances, a grant of probate can still be made, but you will need to provide an affidavit detailing the attempts you have made to locate the original.
This will need to outline the reasons that the Will may have been lost and provide information about beneficiaries of the estate under the rules of intestacy, but not under the terms of the Will.
Writing or updating a Will
If you know a family member is writing or updating a Will. It is always worth confirming with them where the Will is held to ensure their final wishes are met.
Those writing or updating a Will do not need to let executors or administrators know about their responsibilities, but again, it doesn’t hurt to communicate this with friends, family members and trusted advisers beforehand.
This can help prevent the loss of a Will in future and is generally seen as good practice.
Still can’t find a Will?
Unfortunately, if an original Will or a signed copy cannot be located then the estate will need to be administered under the rules of intestacy.
This strict legal framework sets out how the close relatives of the deceased will inherit, starting with any spouse, who will be entitled to the majority of the estate, followed by any children.
Under these rules, former spouses could benefit from an estate if a person doesn’t remarry and children or stepchildren from new relationships may also not benefit from any proceeds in certain circumstances.
That is why it is critical to create and regularly update a Will, especially after big life events, and make people aware of where the document is stored.
Need help?
If you require assistance with drafting, updating, or storing a Will, please speak to our private client team today.