If you are unsure if the deceased made a Will, or and you think they made a Will, but you can’t find one in their home it is very important to exhaust all options to try and find the Will.
Check to see if you can find a certificate of deposit, which will have been sent to them if they arranged for the will to be kept by the Principal Registry of the Family Division. An Executor(s) can withdraw the Will. You should obtain and complete a withdrawal form from the Principal Probate Registry and send it in, with the certificate of deposit and an official copy of the death certificate. There is no charge for this service.
Even if you can’t find a certificate of deposit, you can still check with the Registry to see if they hold the Will. An Executor will need to write to explain this. Once they have received the Will, they must return the acknowledgement of receipt. For more information please click here.
If the person died in a care home or a hospital you could check to see if the Will was left with them.
You should also contact the person’s solicitor, accountant or bank to see if they hold the Will.
If you are unable to find a Will then you would normally have to deal with the estate of the person who has died as if they died without leaving a Will. This is known as intestacy and in this situation the law sets out how the estate is to be divided between the surviving relatives.
To learn more about intestacy please read Rules of Intestacy.