If you haven’t already done so, please go back to step 03 and follow the guidance on Registering a Death and completing the Tell Us Once Service.
Once the above has been completed you’ll need to find out if the deceased had made a Will.
A thorough search must be undertaken to see whether there is a Will in place, as the Will will set out who the executors are and who the deceased wanted to benefit from their estate.
It may also detail Funeral arrangements and state whether the deceased wanted to be buried or cremated, and may give information on whether they agreed to organ donation.
If you are unable to find a Will in the deceased ‘s property, a thorough search must be done to attempt to locate the Will. The original will must be found, if it is thought that there is a Will in place, as this will need to be sent to the probate registry when applying for the grant of probate.
To undertake a thorough search, if you are searching for a lost will, here are some steps you can take:
1. Start with the deceased person’s personal belongings: Begin by searching their personal documents and belongings, such as filing cabinets, safes, desk drawers, or other storage areas where important papers are typically kept.
2. Check with the deceased person’s attorney: If the deceased person had an attorney, contact them to inquire about the existence and location of the will. The attorney may have a copy of the will or information about where it was stored.
3. Contact family members and close friends: Reach out to family members and close friends of the deceased person to see if they have any knowledge of the will or its whereabouts. They may have been informed about the existence of a will or have information about where it might be stored.
4. Check with the National Will Register: In the UK, you can conduct a search with the National Will Register to determine if a will has been registered. The National Will Register is the UK’s will registration and will search service, with over 10.5 million wills in the system.
5. Search with other solicitors or law firms: If the deceased person had multiple legal advisors throughout their lifetime, it may be worth contacting other solicitors or law firms they have been associated with to check if they have a copy of the will or any information regarding its location.
6. Check with banks and financial institutions: Contact any banks or financial institutions the deceased person was associated with, as they may have information about the existence of a will or a safe deposit box where it could be stored.
7. Review previous correspondence: Look through the deceased person’s emails, letters, or any other correspondence that may provide clues about the will or its storage location. They may have mentioned it in previous communications.
8. Consider professional assistance: If you have exhausted all your options and are still unable to locate the will, it may be beneficial to seek the assistance of a professional will search service or a probate solicitor who specialises in locating lost wills.
Remember that the process of searching for a lost will can be challenging, and professional guidance can be invaluable. We can provide advice and support throughout the search process and guide you on the next steps to take.
If there is a Will in place, then the executor named in the Will will apply for the grant of probate, and once the grant of probate has been received, they will then administer the estate in accordance with the Will.
If a named executor is unwilling or unable to act, they can either:
- appoint an attorney to act on their behalf by using form PA11, and they will then apply for Letters of Administration with Will annexed, or
- renounce their position, completing form PA15, provided they have not intermeddled with the estate, or
- reserve their position, in case they may want to later assist with the probate and have some input.