We often take enquiries from relatives struggling to locate a deceased’s last Will. Sometimes, it can feel like looking for a needle in a haystack. For example, original Wills can be stored with the solicitor who drafted the Will, but what happens if that law firm no longer exists? Here are some key steps and places to check when searching for an original Will.
1. Check at Home
The first place to search for an original Will is the deceased’s home. Many people store their important documents in easily accessible locations such as a safe, a locked drawer, a personal filing cabinet or a dedicated folder. It’s worth looking for safes or strong boxes as well. However, remember to check with family members or close friends if they know of any secure locations where the document may have been kept. In some cases, the original Will might be held by a close friend or family member who was entrusted with the responsibility. It’s helpful to ask those close to the deceased if they were given the Will for safekeeping or if they were informed of its whereabouts.
2. Solicitor or Will Writer
Contact the deceased’s solicitor or Will writer. Often, individuals will store their original Wills with a solicitor’s office, either at the time of drafting or subsequently. Even if the Will was made many years ago, solicitors often retain records and, if not holding the Will, they might know where it was stored. Similarly, if the deceased used a professional Will writing service, that company may have retained the original Will or a record of where it was filed.
3. Bank or Building Society Safe Deposit Box
Some people store their original Wills in a safe deposit box with a financial institution. However, gaining access to a bank deposit box after someone’s death can be challenging, as banks may require proof of executorship or a court order before allowing access. Contact the company where the deceased had accounts to inquire about their procedures.
4. The National Will Register
The National Will Register in the UK, known as Certainty, provides a service where Wills can be registered for safekeeping. If you are unsure where the Will might be, it may be worth conducting a search through Certainty. This register allows you to find out whether a Will was registered and potentially where it is stored. Unfortunately, the register is not compulsory or comprehensive and registration is entirely voluntary.
5. Probate Registry Storage
Finally, if the deceased mentioned depositing their Will with an official institution, the Probate Service offers a storage facility for Wills. The deceased may have lodged their Will with the Principal Probate Registry, and you can inquire directly to confirm.
Summary
Finding an original Will after someone has died can be a stressful and time-consuming process, involving checking various potential storage locations and making inquiries with solicitors, banks, and official registries. It is important to exhaust all possible sources to ensure that the deceased’s wishes are honoured and the estate is administered correctly. It is sometimes possible to submit a copy Will to the Probate Registry, but this is far from ideal or straightforward.
If you need any further guidance, contact us and we will be happy to assist further.