Wills can be lost for many reasons. They get mislaid in house moves or lost in the post, destroyed by fire or chewed up by the dog. And sometimes they are not lost at all, but the family does not know where they are or which solicitors hold them.
Samantha Miller, Associate in our Dispute Resolution and Litigation team and Lauren McGhie, Associate in our Private Client team explain how you can deal with this situation.
Having a copy of the Will can be useful; however, the courts require the executors to present the original Will. They will not proceed with the estate’s administration without it unless evidence is provided to explain the fate of the original document.
Get advice early
Where a Will cannot be found, fairly technical legal procedures will likely be required, so advice from a solicitor is strongly recommended. Getting legal advice early can avoid delays and ensure the estate is appropriately administered.
You will need evidence not only that a Will was made but also that the deceased did not destroy it deliberately. Previous correspondence with solicitors or others can be helpful here, so don’t throw anything away!
Help your family here
The most effective path of all is prevention rather than cure.
- Keep a copy of your own signed Will
- Let family or loved ones know where to find a copy of your Will, who is storing the original, and up-to-date details of your solicitor.
- Revisit your Will every few years, checking that your solicitors have it safely and it still reflects your wishes.
And if the dog does chew up your Will, do keep the scraps of paper until you have a new one!
