Finding a Will

23rd June 2018

It is never easy to talk about death and funeral wishes with relatives, especially when relatives are elderly.

However, it is often just these types of conversations that are the most valuable to have while you have the opportunity.

Many of our clients tell us that they regret not talking to their Mum or Dad before they died and just simple things like not knowing which music their parent would want to have played at their funeral is not known.

However difficult these conversations are, they are sometimes the most valuable to have as relatives very often regret not knowing more about the arrangements their relative would have wanted for their funeral. It is wise to check where your relative stores documents and valuables in their home and whether they have made a Will or not.

It’s a good idea to check where documents are stored as one of the practical issues faced by relatives after a death is finding the Will.

FInding the Will

Sometimes, families know that their relative made a Will but just don’t know where to find it because their relative has not told them where they keep important documents and the subject was difficult to raise. Some of our clients tell us how uncomfortable they feel having to go through their relatives belongings to find the documents that deal with the deceased estate.

Sometimes a Will has been made many years before death and the copy has been forgotten about because it has been put at the back of a drawer or in a suitcase on top of a wardrobe. While looking, try to think where you would put something in your home that you would want to keep safe and then look there. Old biscuit tins were a popular place to store old photos and documents at one time.

Can’t find the Will

A problem arises when the documents can’t be found in the home of the deceased. These may relate to home ownership, equity release arrangements, life insurance, funeral plans, the Will of the deceased, bank accounts etc.

If you need to find a Will the best way to start is by trying to contact the local firms of Solicitors in your area. All Solicitors keep a record of the Wills they have drafted and usually stored for their clients.

If the Solicitor is no longer in practice you can check with the Solicitors Regulation Authority (SRA). The SRA holds records about every firm of solicitors in England and Wales and will have information about what happened to the files belonging to a firm when it closed. You can find more information here: http://www.sra.org.uk/faqs/contact-centre/public/06-interventions/documents.page

Try to find where the Deeds are stored, sometimes the original Will is stored with the Deeds. House Deeds are sometimes stored by the bank that provided the mortgage on a property but sometimes they are also stored by the Solicitor who helped with the house purchase. It is not essential these days to refer to the original property Deeds, unless the property has not been registered with the Land Registry, but sometimes people store their Will with their Deeds.

Another place to look is at the Bank of your relative.

In the past many banks used to provide a free Will drafting service and storage  as part of the benefits of having an account with that bank. A bank will usually have a form to complete and will ask you for some identification as well as a certified copy of the death certificate.

If a person died some time ago and you want to check what was included in their Will you can request a copy here : https://www.gov.uk/search-will-probate

What happens if you can’t find the Will?

Sometimes, if you can’t find a Will it will be because the deceased person did not make one. Although it is always better to have a  Will it is not compulsory.

Sometimes people don’t make a Will because it is obvious what will happen to their estate after death; for instance if a wife dies and is survived by her husband with her estate consisting of  cash in the bank and their property owned jointly, her husband will be the beneficiary of the estate. It is more important for the surviving spouse or partner to have a properly drawn up Will in this instance.

In this case the estate will be administered by the next of kin (her husband) under the rules of intestacy.

If you are looking for the will of a loved one and not having much success, it is always best to seek the advice of an experienced professional who can give you the right help and support you need.

Call us on 0191 4555361 or email us at info@hannayslaw.co.uk if you need our advice.

Alternatively, we have an online contact form that you can complete here.