Cannot Find A Will?

In the event that the original Will cannot be found, what should be done?

Executors are responsible for locating the original Will in the event that a deceased person left a valid Will and carrying out the wishes of the deceased. In order to administer the estate, the Executors may need to apply for a 'Grant of Probate'.

A Grant of Probate confirming the Executors' authority to deal with the estate is often required by organisations before executors are permitted to collect in/sell large assets. Selling real estate, selling shares, and collecting large sums from banks and building societies are examples of these types of transactions.

It is beneficial to have a Will so that executors are already empowered to deal with assets after a death has occurred.

Intestate death

It is possible for an estate to be administered by a Grant of Letters of Administration if a person dies without leaving a valid Will.

A Grant of Letters of Administration confers authority on the Personal Representative to deal with the deceased's assets.

Death intestate has the disadvantage that no one has the authority to deal with a deceased's assets until the Grant of Letters of Administration has been granted. As of that point, the Administrators are in a state of 'No Man's Land'.

Personal Representatives (PRs) is the collective term for Executors and Administrators. It depends on how much work is involved in administering an estate and what type of assets the deceased left behind. PRs' duties may vary widely based on these factors. The administration of a deceased estate may be as straightforward as selling one property and closing one bank account, or it may be as complex as selling many properties, closing multiple bank accounts, selling shares, premium bonds, insurance policies, and paying numerous debts.

Our estate administration services are competitively priced, and we also provide bespoke solutions to meet PRs' needs. Depending on the circumstances, we are able to assist with both probate (in the case of a valid Will) as well as intestacy matters (in the case of a person dying without a valid Will).

In the event that I am unable to locate the Will, what should I do?

In order to begin the probate process, an original Will and a death certificate are required. It is not necessary to panic if you are unable to locate the original Will, since alternative options are available.

Please review the deceased's documents, contact the deceased's solicitor or bank to determine whether the Will is still available, contact the deceased's family and friends, contact their accountant, and even consider a Will Search through Harrisons Asset Search Solutions Will Register or more detailed Will Search Options.

It is recommended that a photocopy of the current Will or strong evidence of the lost Will's content be submitted along with the appropriate evidence, if an original Will is unable to be located.

Taking care of the affairs of a loved one after their death can already be a stressful experience, which is why we are able to make enquiries on a PR's behalf if they wish.

Will storage

It is our policy to store our clients' original Wills for an indefinite period of time at Harrisons Probate Solutions Group. We provide our clients with peace of mind by storing their Wills. Once we have completed a matter, we send a copy of the Will to our clients for their records and recommend that they inform their Executors of where the original Will is kept. Our fixed fee for drafting a Will includes the storage service. Our clients' Lasting Powers of Attorney (LPA) documents are also stored in this manner.

A vital part of ensuring the safety of your original Will is to ensure it is stored in a safe location and to be aware of its exact location. It is possible that if your original Will is lost, potential beneficiaries under the Will or anyone seeking to inherit under intestacy may argue and engage in protracted, costly litigation to resolve the matter. As long as a valid Will is prepared and stored in a safe location, everyone can feel assured that their affairs will be taken care of when the time comes, and their chosen beneficiaries will have certainty as to how their estate will be distributed when the time comes.

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