When it comes to getting a copy of a Will before probate, it is not as simple as it sounds. To begin with, not everyone makes a Will. But you should always conduct a search for a Will as though one exists.
It could be that you are the executor of the Will and need to locate it to start probate. Or maybe you’re a family member of the deceased and want to ensure the executor is carrying out their duties. Whatever the reason, there are several steps to take when looking for a copy of the Will.
Check the house
Even if the deceased used a Will writing service or solicitor to draft and store the Will securely, they may have a copy of the Will in their home. These are normally kept with other important official documents. However, they can also be stored in safes, attics, bedroom doors, or in the tops of wardrobes.
If you can’t find a copy of the Will or any clues as to where it is, the next step is…
Check with their Solicitor
Solicitors who write Wills may also be responsible for storing them or a copy of the Will. Note, there is no legal requirement for a solicitor to hand over a copy of the Will to anyone who isn’t the executor. If probate hasn’t been granted, the solicitors can simply refuse to hand over a copy of the Will to anyone who isn’t the executor. But if the solicitors won’t give you a copy of the Will, you can also try…
Search for a Will with WillFinda
Using WillFinda’s search service, you can search to find out whether a Will has been registered by the deceased or a Will writer. Though registration is not mandatory in the UK, more and more people are registering their Wills in order for them to be easy to find when they die. WillFinda’s search service fees start at just £36 for a basic search of our database.
You can also use the advanced search option to search other firms’ records in your local area. Wills will be released to the executor once they have been located, and a copy of the death certificate has been presented.
Finally, apply for a standing search
Though it will not help to get a copy of the Will before probate is granted, you can apply for a standing search with your local District Probate Registry. It costs £10 for a standing search to be done. The search created lasts for a maximum of six months. If probate has been granted, the probate registry will have a record of the Will being read. They will be able to send you a copy of the Will. If the Will has not been read during the six months of your search, you can renew your search for another six months. Simply write to the probate registry, give them your search number, and pay another fee of £10.
For help searching for a Will, contact WillFinda today to take advantage of one of our three Will searching options.
