To find a will after someone dies, start by searching the deceased’s home for physical documents, then check with their solicitor, bank, or any will storage service they may have used. In many cases, the will is held by the person or firm who drafted it. If those searches draw a blank, a formal search of the National Will Register and Probate Registry can help locate or confirm whether a will exists. This article covers each step in that process, from where wills are typically stored to who needs to be notified once one is found.
Where are wills usually kept after someone dies?
Wills are most commonly kept at home, with a solicitor, or lodged with a will storage service. The most logical starting point when locating a will after death is a thorough search of the deceased’s personal papers, filing cabinets, and any fireproof document boxes kept at their property. Many people store their will alongside other important documents such as property deeds, insurance policies, and financial records.
Beyond the home, there are several other places a will may be held:
- With the solicitor who drafted it – law firms routinely retain the original will on behalf of the testator, sometimes for decades
- At a bank – some individuals lodge wills in a safety deposit box or ask their bank to hold the document
- With a will storage service – commercial will storage providers hold original documents and register them on national databases
- At the local Probate Registry – a testator can deposit a will for safekeeping directly with HM Courts and Tribunals Service
- With a trusted family member or close friend – less formal, but not uncommon, particularly for older generations
Before contacting external organisations, check through the deceased’s correspondence and financial files carefully. A letter from a solicitor confirming will storage, or a receipt from a will registration service, can immediately point you in the right direction.
How do you search for a will using the National Will Register?
You can search for a will using the National Will Register by submitting a deceased estate will search through Certainty, the UK’s official National Will Register. This service holds records of wills registered by solicitors and will writers across the country. A search can be initiated online and typically returns results within a few days, confirming whether a will has been registered and who holds it.
The National Will Register does not hold the original documents itself. Instead, it records where a will is stored and by whom. If a match is found, the register will direct you to the relevant firm or individual holding the original. It is worth noting that not all wills are registered, so a nil result does not conclusively mean no will exists.
In addition to Certainty, you can apply to the Probate Registry for a standing search, which will notify you if a grant of probate is applied for in connection with the estate. This is particularly useful if you suspect a will exists but cannot locate it, as it ensures you are informed if another party applies for probate first.
What happens if you can’t find the original will?
If the original will cannot be found, the estate may have to be administered as if the person died intestate, meaning without a valid will, unless a copy can be admitted to probate. Under the intestacy rules in England and Wales, the estate is distributed according to a fixed legal hierarchy rather than the deceased’s wishes, which can have significant consequences for beneficiaries.
In some circumstances, a copy of the will or a draft may be admitted to probate if there is sufficient evidence that the original existed and has not been deliberately revoked. This requires an application to the court and is not straightforward. The executor would need to demonstrate that the original was not destroyed intentionally and that the copy accurately reflects the testator’s final wishes.
Where there is genuine uncertainty, seeking legal advice early is essential. Acting on assumptions about the estate’s distribution without confirming the position on the will can expose executors to personal liability if the estate is later administered incorrectly.
Can a solicitor help locate a missing will?
Yes, a solicitor can assist in locating a missing will, and in complex cases their involvement is strongly advisable. Solicitors have access to professional networks, will registration databases, and established protocols for tracing documents held by other firms. If the deceased had a long-standing relationship with a particular law firm, that firm is a natural first point of contact and may hold the original will in storage.
A solicitor can also conduct a formal will search on your behalf, write to other firms that may have been instructed, and advise on next steps if the will cannot be located. Where the estate is of significant value or the family circumstances are complex, professional legal guidance reduces the risk of errors that could delay probate or expose the executor to challenge.
Some probate specialists, including estate administration firms, also offer will search services as part of a broader estate support package, which can be particularly helpful when the executor is managing multiple responsibilities simultaneously.
How long do you have to find a will before probate begins?
There is no strict legal deadline for finding a will before applying for probate, but HMRC expects Inheritance Tax to be reported and any tax due to be paid within six months of the end of the month in which the person died. Delays in locating the will can affect the timeline for applying for a grant of probate, which in turn delays the administration of the estate.
In practical terms, the sooner the will is located, the better. Probate cannot formally begin until the will is identified and the executor confirmed. If the six-month HMRC deadline is missed, interest accrues on any unpaid Inheritance Tax, and in some cases penalties may apply. This makes a prompt and thorough will search a priority, not a formality.
If there is a risk that the deadline may be missed while the search is ongoing, a solicitor can advise on whether an interim payment to HMRC is appropriate to prevent interest accumulating.
Who should you notify once the will has been found?
Once the will has been found, the executor named in the document should be notified first, as they have the legal authority to administer the estate. If the executor is already known and acting, the solicitor handling the probate should receive a copy of the will immediately so that the grant of probate application can proceed.
Other parties who should be informed include:
- The Probate Registry – the original will must be submitted as part of the probate application
- HMRC – the will informs the valuation of the estate and the calculation of any Inheritance Tax liability
- Named beneficiaries – those who stand to inherit have a legitimate interest in knowing the will has been located
- Financial institutions – banks, pension providers, and insurers will require sight of the grant of probate before releasing assets
- The National Will Register – if the will was not previously registered, notifying the register helps prevent future uncertainty
Keeping clear records of when the will was found, where it was stored, and who has been notified protects the executor and ensures the administration process is transparent and defensible.
How Avery Associates helps with finding a will and estate administration
Avery Associates offers a comprehensive will search service as part of its end-to-end estate administration support, helping executors and families locate missing documents before probate begins. Once the will is found and the estate confirmed, the firm provides the full range of services needed to administer the estate efficiently and compliantly.
- Will search and document retrieval on behalf of executors
- RICS-accredited probate valuations of property and household contents, compliant with Section 160 of the Inheritance Tax Act 1984
- HMRC-compliant probate reports with a 100% acceptance rate, typically returned within five working days
- Complete probate house clearance, including deep cleaning, vehicle disposal, and garden reinstatement
- Nationwide coverage, with dedicated local teams across every county in the UK
Whether you are at the very beginning of the process or already working through a complex estate, Avery Associates provides the expertise, accreditation, and compassionate support that executors need. Contact Avery Associates today for a free initial consultation.
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This content was generated with the help of AI and it may contain mistakes
