Lost Wills: How to Find a Missing Will

When someone dies and their will cannot be found, it can leave families uncertain, anxious and at risk of the estate being distributed against the deceased’s wishes. Our specialist lost will solicitors can help you trace a missing will, and advise you on your options if the will genuinely cannot be found.

Call us on 0161 930 5151 or email willdisputeteam@gorvins.com for a confidential conversation about tracing a lost or missing will.

What happens if a will is lost?

If the original will cannot be found after someone dies, the legal position depends on the circumstances:

• If a copy of the will exists, it may be possible to apply to the Probate Registry for probate to be granted on the copy, supported by evidence explaining what happened to the original.
• If no will can be found at all, the estate will usually be distributed under the intestacy rules. This means the law, not the deceased, decides who inherits, and unmarried partners, stepchildren and friends receive nothing.
• If the original was last known to be in the deceased’s possession and cannot be found, the law presumes they destroyed it deliberately in order to revoke it. This is known as the presumption of revocation, and it can be challenged with the right evidence.

Because so much can turn on where the will was last kept and who saw it, it is worth taking legal advice early, particularly if you believe someone may benefit from the will staying “lost”.

How to find a lost will: 7 places to check

1. Search the deceased’s home and paperwork

Start with the obvious places: filing cabinets, desk drawers, safes, and folders containing other important documents such as house deeds, insurance policies and bank statements. Look out for correspondence from solicitors or will writers, which can point you to where the original is stored.

2. Check with the National Will Register (Certainty)

The National Will Register, operated by Certainty, is the UK’s largest register of wills. If the deceased registered their will, a search can trace it to the solicitor or will writer who holds it. Even unregistered wills can sometimes be located through Certainty’s will search service, which contacts law firms in the areas where the deceased lived and worked. We can carry out this search on your behalf.

3. Contact the deceased’s solicitor

If you know which solicitor the deceased used, for example for buying a house, a divorce or a previous will, contact that firm. Solicitors commonly store original wills for clients free of charge. If the firm has since closed or merged, the Solicitors Regulation Authority can tell you which firm took over its files.

4. Write to local solicitors and will writers

If you do not know which solicitor the deceased used, writing to firms in the town where they lived can be surprisingly effective, particularly if they lived there for many years. We have traced wills for clients this way on a number of occasions.

5. Check with their bank

Some banks hold wills and other important documents in safe custody. Contact any bank the deceased held accounts with and ask whether they hold documents for them.

6. Search the Principal Probate Registry

The deceased may have deposited their will with HM Courts and Tribunals Service for safekeeping during their lifetime. A search of the Probate Service’s records will confirm whether a will was lodged there.

7. Apply for a standing search at the Probate Registry

If you believe someone else may hold the will and intend to apply for probate, you can lodge a standing search with the Probate Registry for a fee of £3. If a grant of probate is issued within six months, you will automatically be sent a copy of the grant and the will. The search can be renewed every six months. Once probate has been granted, a will becomes a public document, and anyone can order a copy online for £1.50 or by post using form PA1S.

Who is entitled to see a will?

Before probate is granted, a will is a private document. Only the executors named in it are entitled to see it or take a copy. The solicitor or institution holding the will owes its duty to the estate, not to family members, so beneficiaries are often unable to obtain a copy at this stage.

Once a grant of probate has been issued, the will becomes public and anyone can obtain a copy from the Probate Registry. If you suspect you have been left out of a will, or that a later will exists, our contesting a will solicitors can advise you on your position.

Can you get probate with a copy of a will?

Yes, in some circumstances. If the original will has been lost or accidentally destroyed but a copy, draft or reconstruction exists, you can apply to the Probate Registry for an order allowing probate of the copy. The application must be supported by evidence, usually a witness statement, covering:

• how and when the original will was executed
• where the original was kept and how it came to be lost
• evidence that the deceased did not destroy it intending to revoke it
• confirmation from anyone who would inherit under an earlier will or intestacy, where possible

These applications are evidence-driven and the Registry will scrutinise them carefully, especially where the will was last in the deceased’s own possession. We regularly prepare and support applications of this kind.

The presumption of revocation explained

Where an original will was last known to be held by the person who made it, and it cannot be found after their death, the law presumes they destroyed it with the intention of revoking it. If the presumption stands, the estate passes under any earlier will or, if there is none, under the intestacy rules.

The presumption can be rebutted with evidence, for example that:

• the deceased referred to the will as still standing shortly before their death
• the terms of the will were consistent with their known wishes and relationships
• the will was simply mislaid during a house move, or lost in a fire or flood
• someone who stood to gain from the will’s disappearance had access to it

Disputes over lost wills can quickly become contentious, particularly where a family member is suspected of destroying or concealing the will. If you find yourself in this situation, our specialists in fraudulent wills and problems with executors can help.

What happens if no will is ever found?

If no will or valid copy can be located, the estate is administered under the intestacy rules. In broad terms:

• a surviving spouse or civil partner inherits the first £322,000 plus personal possessions, and half of anything above that, with the other half shared between children
• if there is no spouse or children, the estate passes to parents, then siblings, then wider relatives in a fixed order
• unmarried partners, stepchildren who were never adopted, and friends inherit nothing

If you have been left without reasonable financial provision because a will could not be found, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Our Inheritance Act claims team can advise you on whether a claim is realistic and what it would involve.

How Gorvins can help with a lost will

Our Will Disputes and Contentious Probate team, working alongside our Wills, Trusts and Probate solicitors, can:

• carry out a National Will Register (Certainty) search on your behalf
• write to solicitors, will writers and banks to trace the original will
• lodge standing searches and probate record searches with the Probate Registry
• prepare applications for probate of a copy will where the original is lost
• advise on and, where necessary, challenge the presumption of revocation
• act for you in disputes where a will is suspected to have been concealed or destroyed

In most cases we are able to locate the will of a deceased relative quickly and at modest cost. Where the position is more complicated, you will have a specialist contentious probate solicitor guiding you from the outset.

Gorvins is a Legal 500 recognised firm based in Stockport, acting for clients across Greater Manchester, the North West and nationally.

Call us on 0161 930 5151, email willdisputeteam@gorvins.com, or complete the enquiry form below and we will call you back.

Lost will FAQs

How do I find out if someone left a will?

Start by searching their home and paperwork, then contact their solicitor and bank, and carry out a National Will Register (Certainty) search. If probate has already been granted, you can search the probate records online and order a copy of the will for £1.50.

How long should I spend looking for a will before assuming there isn’t one?

There is no fixed period, but you should make all reasonable enquiries before treating the estate as intestate, including a Certainty search and enquiries with local solicitors and banks. If you distribute an estate under intestacy and a will later surfaces, the estate may have to be redistributed, and executors and administrators can face personal liability.

Is a photocopy of a will valid?

A photocopy is not automatically valid, but the Probate Registry can grant probate of a copy will if you provide evidence that the original was properly executed and was not destroyed by the deceased with the intention of revoking it.

What if I think someone has hidden or destroyed the will?

Deliberately concealing or destroying someone else’s will is a serious matter and may amount to a criminal offence, as well as grounds for a civil claim. Preserve any evidence you have and take legal advice quickly, as early steps, such as entering a caveat to pause probate, can protect your position.

Does a will have to be registered to be valid?

No. There is no legal requirement to register a will in England and Wales, which is precisely why wills go missing. Registration with the National Will Register simply makes a will easier to trace after death.

How much does it cost to trace a lost will?

Court and search fees are modest: a standing search costs £3, an online copy of a will after probate costs £1.50, and a postal search using form PA1S costs £16. Our fees depend on how much work is involved, and we will always give you a clear estimate before starting.