A loved one has passed away. The family has gathered to share memories and honour that person’s life. Eventually someone asks the question… “Where is the Will?”

Everyone agrees there was one, the deceased had mentioned it years ago. But after searching drawers, filing cabinets and paperwork, there is no sign of it.

What happens next?

A missing Will doesn’t automatically mean there was never one in the first place, rather people have forgotten where it has been stored.

Common places to store a Will:

• With the Solicitor who prepared it
• Stored safely at the home
• In the possession of the named Executor
• Registered with a Will storage service e.g., HMCTS

The detective works begins

When trying to locate a Will, families should consider:

• Checking through important paperwork and files
• Asking other close family members and friends whether they know where it was kept
• Contacting local Solicitors that the deceased may have used
• Contacting The Law Society as they may be able to put out an email out to members to search their own Will storage
• Contact other Will storage services like HMCTS

What if it still can’t be found?

This is where things can become more complicated! If there is no Will, or if the original cannot be located, the Estate may have to be dealt with under the Rules of Intestacy. These rules decide who inherits and in what order.

The outcome may not reflect what your loved ones intended. For example:

• Unmarried partners do not automatically inherit
• Close friends receive nothing under intestacy rules
• Certain family members may inherit proportions that the deceased would not have wanted

But can’t a copy be used?

In short: Maybe. Whether a copy can be used depends on the circumstances, although questions would arise, such as:

• Was the original accidentally lost?
• Was it destroyed intentionally?
• Is there evidence of the deceased’s wishes?

Each situation is unique and often requires careful legal consideration.

The Real Lesson in The Mystery

The “missing Will” scenario is surprisingly common, and it often adds unnecessary stress during an already difficult time.

One of the kindest things we can do for our loved ones is to make sure:

• You have an up-to-date Will
• The original is stored safely
• The executors know where to find it
• Arrangements are reviewed when circumstances change

A Final Thought

A Will isn’t just a legal document! It is a set of instructions for your loved ones so they know and understand your wishes and intentions; helping to lessen family stress and disputes.

And, unlike a good mystery novel, this is one story where everyone benefits from knowing exactly where the ending can be found.

At Pro-law Services, we’re always happy to help clients understand their options, whether it’s creating a Will, reviewing an existing one, or trying to navigate what happens when important documents cannot be found.