Where should you look if a Will is missing?

     When a person dies, their Will, is key in determining the distribution and administration of their estate (money, property and possessions). The person making the Will usually names an executor (or executors), who is legally authorised via a Grant of Probate to deal with the administration of the estate.

    However, it is common for a Will to be misplaced or lost. The family or persons trying to locate a Will should look for the most recent Will of the deceased, and that it should be correctly signed and witnessed, otherwise it may not be valid. This can be difficult if there multiple countries are involved.

Where do people store Wills?

• Home – Many people store Wills in their homes, perhaps in a safe or private office space. It might be that the deceased kept their Will with their important financial paperwork or other key documents. A thorough search of the deceased’s home is a good starting point. There might be a reference to it, for example a solicitors’ letter or a receipt from a Wills storage facility.
• Friends and advisers – Speaking to the deceased’s relatives, friends or professional advisers might also help. Lawyers often retain original Wills.
• Banks and building societies – It was once common for banks and building societies to store Wills, sometimes with property deeds, especially if there was a mortgage. Contact them to see if they have the Will.
• Other organisations – The Will Writer may store the original. If you know who that is, contact them.

    If the Will still cannot be found, there may be a National Will Search available some countries.

What should you do if you can’t find a Will?

    If the original Will is still not found but believed to exist, it may be possible to administer the estate using a copy, reconstruction or even draft of the Will obtained via the Probate services of some countries.

Presumed Destruction

    If the original Will was known to be in the testator’s possession before death but cannot be found after, there is a presumption that the Will was intentionally destroyed by the testator to revoke it.

    If the Will is not found and a copy, reconstruction or draft of the Will is not acceptable, the estate may fall under the relevant country’s intestacy rules. These rules may not be in line with the wishes of the deceased.

For free advice to help you make the right decisions, please contact us

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