How do you find out if someone has a will?

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What is a will and why should you get one?

A will is a legal document stating who you would like to manage the administration of your estate when you pass away, known as the executor(s). This ensures your money, property, savings and other important assets go to those entitled to inherit them and your tax obligations are met.

There are many benefits to writing a will. For example, a will allows you to appoint guardians for children to help avoid potential disputes among families and beneficiaries. The named executor is responsible for locating the will and obtaining the original copy. They are the only person entitled to see the will before probate has been issued and the deceased’s estate is distributed.

In England and Wales, once probate has been granted, a copy of the will is safely stored by the Probate Service. It can be viewed by any member of the public and you can download a copy for a small fee.

To recap, a will comprises the deceased’s property, possessions and assets and typically includes the following:

• The testator: Details of the person who made the will.
  
• The executor(s): Names of the person or people given the legal responsibility of distributing the estate in accordance with the deceased’s wishes.
  
• The beneficiaries: The person or people who will inherit from the estate.
  
• Asset distribution: How the estate will be distributed and to whom.
  
• Final wishes: The deceased’s funeral wishes, arrangements and other requests.

How to find out if someone has a will

To establish whether someone has a will, a great starting point is simply to ask the deceased’s close friends and family. If loved ones are unsure if a will exists it’s a good idea for them to ask the relevant lawyer or search the home for the relevant documentation. Lastly, if these initial searches prove unsuccessful, you can check public records, such as online probate registries, or use a professional will searching service.

The importance of a will should not be overlooked, especially for the deceased’s immediate family. Wills can be kept privately until someone passes away. The person may inform the executor or chosen beneficiaries what’s included in the will and where it’s stored, though there’s no obligation to do this.

Also, there’s no legal requirement to register a will online or store it in an official location until after probate has been issued. That’s why it can be difficult to find out if your loved one has written a will, where it’s kept, and who stands to benefit from their estate.

If a will exists, the named executor will need an original copy of the document to apply for probate. When probate is granted, they can lawfully administer the deceased’s estate and distribute their assets.

If you’ve lost a loved one, here’s how to find out if someone has a will in England and Wales:

1. Search their home

The most obvious place to look for a will is in the home of the deceased. People often keep their will, even if it’s just a copy, somewhere on their property. Did your loved one have a home study, filing cabinets, or locked drawers for keeping paperwork secure? Perhaps they had a home safe for added protection? From the loft to the basement, the home is the first place to search when looking for a will.

2. Contact their solicitor

Many people use a solicitor or professional will writing services to create their will. It may be that your loved one informed the executor about their will before they passed away. Maybe they’ve left indicators like a solicitor’s letter around the home.

It’s possible the deceased’s solicitor is still keeping the will for them, so get in touch wherever possible. If you’re the named executor, you’re entitled to obtain the will from whoever is storing it. You’ll need to show:

• The death certificate.
• Proof of your identification.

If the solicitor is no longer operating or the business has closed, you could contact the Solicitors Regulation Authority which keeps records for all solicitors in England and Wales. They’ll have details of who took over the solicitor’s practice and where the will is located.

3. Get in touch with their bank

People often store important documents like wills and property deeds at their bank for added security. If you’re the executor of your loved one’s estate, you could get in touch with their bank and see if they are holding the will and then if they are request a copy.

Again, you’ll need the death certificate and proof of your identification before the bank will hand over the deceased’s will. However, a simple call or email to the bank could help you find out if someone has stored a will with them.

4. Conduct a will search

Professional companies will carry out searches for missing wills on your behalf. They’ll trawl through large numbers of wills stored by solicitors and will writers and even conduct thorough searches in the deceased’s local area.

Will searches may also involve contacting the National Will Register, which has over 10 million wills stored in its database. Most companies that search for wills will charge you a fee for their services.

Another option is to contact your local probate registry to see if the deceased’s will is stored with them. The probate process generally takes 6 to 9 months to complete. So, if a relative or loved one has passed away recently, it may take a while before you get to see their will.

How to find out if someone has a will online

In England and Wales, the probate service stores wills and probate records online. If you’re looking for a loved one’s will, you can search the government’s website and download a copy from there for a minimal fee.

It is important to note that some records may not include a will. In this case, the online result will say ‘Grant only’. If a will is included, it will state ‘Grant and Will’.

How to find out if someone has a will in Scotland

The process for finding a will in Scotland is different to that in England and Wales. If you’re searching for a will in Scotland, you could try the following:

• Contact the Scottish Courts and Tribunal Service to check if a will has been registered with a court.
  
• Search the Registers of Scotland to see if a will has been registered in the Book of Council and Session.
  
• Check the National Records of Scotland to look up historical wills.

How to find out if someone has a will in Northern Ireland

As well as England, Scotland and Wales, you can also search for wills in Northern Ireland. This can be beneficial if you’re distributing an estate where the deceased had family roots in Northern Ireland but lived most of their life in another country.

To find a will in Northern Ireland, you can search the Public Record Office of Northern Ireland (PRONI), look it up in the National Will Register, or contact the deceased solicitor who may have stored a copy.

What should you do if you can’t find the will?

If your loved one didn’t leave a will or it can’t be found, their estate will be distributed in line with inheritance laws called the rules of intestacy. However, there is no guarantee these outcomes will match the deceased’s wishes. That’s why finding out if a will exists and where it’s located is important when someone passes away.

When there’s no will or it can’t be found, intestacy law in England and Wales (for deaths occurring on or after 26 July 2023) states:

• The deceased’s husband, wife or civil partner inherits all assets, including property up to £322,000 plus all personal possessions.
  
• The deceased’s husband, wife, or civil partner also inherits half of the remaining estate above £322,000. The other half is divided between the surviving children.

Also:

• Importantly a partner who was not married or in a civil partnership with the deceased has no automatic right to inherit under the laws of intestacy.
  
• If any of the children died before the deceased, their children (grandchildren of the deceased) will inherit in their place.
  
• If any of these grandchildren died before the deceased, their children (great-grandchildren of the deceased) will inherit in their place.
  
• If any of these people died after the deceased, their share will become part of their own estate.
  

The intestacy laws differ in Scotland and Northern Ireland

If someone dies without leaving a will it is usual (but not always) that the next of kin or closest living relative is appointed to administer the deceased’s estate in line with the intestacy laws detailed above.

In some circumstances, it may be possible to administer the deceased’s estate on the grounds of a copy or duplicate will, if one exists.

Do you need life insurance alongside a will?

If you’ve written a will, you may also be considering life insurance to protect your loved ones financially should you pass away. LV= offers professional life insurance advice through our friends at LifeSearch to help you choose the best option for your needs. Contact us today.