What happens if upon the death of a loved one and knowing a will is in existence, it simply cannot be found?

Where the deceased retains the original, life events, such as house moves, may lead to its misplacement.

In this article, we discuss the consequences of a lost will and what steps may be taken to remedy the situation.

The original will must be submitted to the Court with the application for a Grant of Probate. However, if the will cannot be found after searching, some steps can be taken to try to find it.

Normally if the will was professionally prepared a good starting point would be to contact the Deceased’s solicitors to see if they hold a copy but this will only be released if you are named as the Deceased’s executor.  If the Deceased’s solicitors confirm that they do not hold a copy it is worth contacting all other firms in the area to see if they hold a copy.

Contact may also be made with the National Will Register (also known as ‘Certainty Will Search’) to see if the Deceased’s will was placed on the register.  However, as registration is completely voluntary this search may prove fruitless.

Another idea may be to place an advert in The London Gazette, stating that the Deceased has died with a request that any firm that may hold the will should provide a copy to the executors.

If you can obtain a copy you can apply for the Grant of Probate with this, asking the Court to declare that the copy should act as the Deceased’s will.  When applying to the Probate Registry a sworn statement needs to be submitted explaining why the original will cannot be found along with evidence that the deceased had indeed signed a will.

Often there may simply be a letter or email written by the Deceased setting out their intentions and this may be admitted to probate as evidence of the Deceased’s approved terms of the draft will.  However, since the Deceased may have changed their mind this could be open to both challenges and disputes alike.

If the will still cannot be found it may be that this has been lost and in that situation, the Deceased will be assumed to have died intestate and the law governed by the Intestacy Rules will apply.

We all know the importance of making a will but even for the most organised people documents can go missing. 

Bearing in mind losing a will can create significant complications for the intended beneficiaries of an estate, storage with HM Courts and Tribunal Service (HMCTS) https://www.gov.uk/government/publications/store-a-will-with-the-probate-service/how-to-store-a-will-with-the-probate-service seems a sensible option.  People should consider this option particularly if they are worried that their loved ones are disorganised, or other relatives have a tendency to interfere and to check there if a will is lost.

An unsuccessful claimant in a legal case may be required to pay some or all of the other side’s costs as well as their own costs and disbursements which may include expert fees – that’s where After The Event Insurance comes in. Here at Box Legal we are able to offer after the event insurance and, if required, disbursement funding to accommodate all types of will and probate disputes, including claims relating to:

Protecting Legal Interests: After The Event (ATE) Insurance

• Claims for Financial Provision
• Imperfect Drafting or Execution of Wills
• Forgery and Fraud
• Lack of Mental Capacity
• Undue Influence
• Rectification and Estoppel Claims

Our specialised WillSafe Policy is designed to provide your clients with the security they need during contentious probate cases.

If you’re a Probate Litigation Solicitor contact us for expert assistance

For more information about our WillSafe policy, including premium details, or to arrange a consultation - whether online or face-to-face, please reach out to us on:

• Phone: 0870 766 9997
• Email: info@boxlegal.co.uk

Protect your clients’ interests with ATE insurance from Box Legal, and navigate the complexities of contested wills with confidence.