Upgrade to Chrome Upgrade to Firefox Upgrade to Internet Explorer Upgrade to Safari
Legal News | 3.08.23

Lost the Will?

Whilst it might sound catastrophic, a lost Will is not the be-all and end-all when it comes to administering a person’s estate in accordance with their Will.

Applying for probate requires the original Will of the deceased to be sent to the Probate Registry. It is a misconception that if the Will cannot be produced then the rules of intestacy must be followed. If a copy of the original Will exists, then a court order can be sought* and probate may be granted.

It can be a lengthy process, requiring executors to demonstrate that they have undertaken searches and enquiries in an attempt to locate the original Will. England and Wales do not mandate Wills to be registered with a central Will registry.

The Probate Registry may even seek the consent of those who would have benefited from the estate under the rules of intestacy.

Once you have signed your Will it is important to ensure your family knows where your original Will is held.  If you prepare your Will with Wansbroughs, we will store it for you securely for no ongoing fee.

*In accordance with Rule 54 of the Non-Contentious Probate Rules 1987.


Posted By Our Wills, Tax, Trusts & Probate Team