Discovering the will of a deceased person is a crucial step in handling their estate and ensuring their final wishes are honoured. This guide aims to assist you in navigating the process of locating a will, outlining practical steps and considerations to bear in mind.
Understanding Wills
A will is a legal document that outlines how a person wants their estate to be distributed after their death. It may also specify guardians for any minor children, and appoint executors who are responsible for carrying out the instructions in the will.
Where to Start
The process of finding a will can vary depending on whether the will was stored at home, with a solicitor, or at a bank, among other possible locations. Here is a step-by-step guide to aid your search.
Step 1: Check Personal Documents
First, look through the deceased’s personal papers and documents at their residence. Many people keep their will in a home safe, filing cabinet, or among other important legal papers.
Step 2: Contact Solicitors and Legal Advisors
If you cannot find the will at home, the next step is to contact any solicitors or legal advisors the deceased may have used. It is common for solicitors to hold the original will or have a record of it.
Step 3: Look into Will Storage Facilities
Some individuals opt to store their wills with a will storage facility. This is typically done for safekeeping and to ensure the will is not tampered with. If you suspect this might be the case, inquire with local facilities or check any documentation for evidence of such arrangements.
Step 4: Check with Local Probate Registry
In the UK, a will may have been registered with the Probate Service. You can apply to the Probate Registry for a standing search in their records, which will notify you if a grant of probate has been issued in the last six months. This can help locate the will if it has been processed.
Step 5: Investigate Safe Deposit Boxes
If the deceased had a safe deposit box at a bank, it’s possible the will might be stored there. Access to safe deposit boxes after someone’s death can be complicated, requiring proof of death and potentially a grant of probate, but banks can guide you through this process.
Considerations and Tips
- Start Early: Begin your search as soon as possible, as dealing with the deceased’s estate can become more complicated over time.
- Keep Records: Document every step of your search, including who you have contacted and the outcome of each enquiry.
- Seek Professional Help: If you’re struggling to find the will or dealing with a complex estate, consider seeking advice from a professional solicitor specialising in probate matters.
- Be Aware of Copy Wills: If you find a copy of the will but not the original, professional advice is essential. The procedure for proving a copy will can be complex and is subject to strict legal rules.
Conclusion
Finding a will is a significant step in administering a deceased person’s estate. By following these steps and seeking professional advice when necessary, you can ensure that you have done everything in your power to locate the will and honour the deceased’s wishes.
At DLS Solicitors, we understand the challenges and sensitivities involved in dealing with a deceased’s estate. Our team of experienced solicitors is here to provide guidance and support every step of the way. For further assistance or to discuss your specific circumstances, please do not hesitate to contact us.
