What To Do If A Missing Will Can’t Be Found

Understanding the challenges of a missing will

It’s not uncommon for a lost will to cause confusion when someone passes away. Sometimes the original will was written years earlier and tucked away somewhere safe, and sometimes it’s simply gone missing.

Either way, there are clear steps you can take to track it down and deal with the deceased’s estate properly and to consider where insurance cover (such as Wills & Probate Insurance) might help.

Key takeaways

• Always start with a detailed search – many law firms and solicitors’ offices hold originals or authorised copies in safe custody.
• If the original will can’t be found, a copy may still be accepted with the right supporting evidence.
• Keep detailed records of your search and consider whether insurance can sensibly de-risk the estate distribution.
• Storing your will securely and notifying your executors of its location saves potential confusion.
• For expert support, contact regulated law firms experienced in probate, or specialists offering Wills & Probate Insurance.

Start with a careful, thorough search

Before assuming the will is gone for good, carry out a thorough search through every likely place. Begin with the deceased’s home – check filing cabinets, safes, or folders labelled “important papers”. Then contact local solicitors who may have prepared or helped to store wills in the area.

You can also carry out a will search through the appropriate register, even where some wills may be unregistered wills. Friends or relatives might also recall where it was kept, or whether the latest will replaced an earlier one.

If the search turns up nothing, it’s worth checking whether any lasting powers of attorney or other paperwork mention the firm who handled.

What the law assumes when a will is missing

If a will was last known to be in the person’s possession and can’t be found after death, the law usually assumes it was destroyed intentionally. That assumption can be challenged, especially if there’s evidence that it was lost accidentally, for example during a house move or because it was damaged in the property.

To challenge it you’ll need to satisfy certain requirements: the personal representatives often must show that the existence of a will is certain (for example via a copy, correspondence, or a note from the solicitor). A witness statement from someone who saw the signed will can also help confirm what the document contained, and whether undue influence was involved.

Considering insurance protection

Where an estate is distributed and, later, a different will or codicil turns up, specialist cover like Missing Will Insurance (under the wider Wills & Probate Insurance suite) can protect the administrator/executor and the beneficiaries. It’s a pragmatic safeguard when proceeding on intestacy or on the basis of a copy.

When no will can be found

If no valid will (or usable copy) exists, the estate passes under intestacy rules. That means the property and assets are distributed according to law – typically first to a spouse or civil partner, then to children or other close family. Friends or unmarried partners usually won’t inherit without a valid document.

This situation often takes longer to resolve, so it’s best to seek further advice from a solicitor experienced in probate and estate matters. They can guide you through the necessary forms and represent you alongside the regulatory-compliant support expected from law firms regulated by the Solicitors Regulation Authority.

Practical next steps

If you’re helping to manage the deceased’s estate, keep detailed notes of what you’ve done. Record who you’ve spoken to, where you’ve looked, and what documents you’ve found. Collect anything that could support the will’s existence – drafts, emails, or even a note to the attorney or executor.

Make sure you have the solicitor’s contact details handy, as they’ll likely need to prepare evidence or statements if you apply to prove a copy.

How to avoid this situation in future

For anyone yet to make or update their will, the best way to prevent problems later is to:

• Keep the original will in a secure, fire-proof location.
• Tell your executors where it’s kept and who holds copies.
• Use a professional will storage or registration service.
• Review your will after major life events and make sure the new version replaces any old ones.

These simple steps make life far easier for those managing your estate later on.

Final thought

A missing will doesn’t have to bring the process to a halt, but it does make things more complicated. Stay organised, keep a record of every action, and reach out to your local solicitors for tailored support. With the right approach, it’s often possible to respect the deceased’s wishes even when the paperwork has disappeared.

If you’re unsure how to move forward, get in touch with the experts at LawSure for further advice on what evidence you’ll need and how to guide the process through probate.