Last reviewed: September 2026 Finding a will after someone dies is one of the most important early steps in dealing with their estate. The will should name the executors, explain who should inherit and set out how the deceased wanted their money, property and possessions to be dealt with. However, many families do not know where the original will is kept. It may be stored at home, with a solicitor, with a bank, with a will writing company, with HM Courts and Tribunals Service, or registered with a will search service. In some cases, family members may only find a copy, an old will or no will at all. This can make the early stages of probate more difficult. Before anyone applies for probate or begins distributing the estate, it is important to establish whether a valid will exists and, if so, where the original document is held.
A will is the document that sets out the deceased person's wishes after death. It usually names the executors, who are responsible for administering the estate, and the beneficiaries, who are due to inherit.
If there is a valid will, the executors named in it may apply for a Grant of Probate where probate is required. If there is no valid will, the estate will usually be dealt with under the rules of intestacy, and an eligible person will need to apply for Letters of Administration instead.
This distinction matters because the people entitled to deal with the estate may be different depending on whether there is a will. The people entitled to inherit may also be different.
For example, an unmarried partner may be included in a will but will not automatically inherit under the intestacy rules. Stepchildren, friends, charities and other chosen beneficiaries may also miss out if no valid will can be found.
Finding the will helps ensure the estate is administered in line with the deceased's wishes and reduces the risk of avoidable disputes.
The first place to look is usually among the deceased person's important documents.
Many people keep their will at home with other legal or financial paperwork. This may include files, drawers, safes, filing cabinets, document boxes or folders containing property, pension, insurance or tax documents.
It is also worth checking whether the deceased left any notes explaining where their will was stored. Some people keep a letter of wishes, funeral instructions or a document list alongside their will.
When searching the home, take care not to damage or alter any document that may be a will. Original wills should be handled carefully. Staples, binding marks, tears, handwritten amendments or missing pages can all cause questions during probate.
If you find a document that appears to be a will, you should check whether it is signed and witnessed. You should also look for any later wills or codicils, as the most recent valid document will usually be the one that takes effect.
Family members, close friends or trusted advisers may know whether the deceased made a will and where it was kept.
A spouse, civil partner, partner, adult child, sibling or close friend may have been told which solicitor prepared the will or where the original was stored. They may also know whether the deceased recently changed their will.
However, it is important to avoid making assumptions. A family member may have seen an old will, but a later version may exist. A person may also have told different people different things over time.
If there is any uncertainty, make a note of what has been found and what each person says. This may be useful if there is later a dispute about whether the will is valid, whether a later will exists or whether the deceased intended to revoke an earlier will.
Many original wills are stored by solicitors or will writing companies. If you know who prepared the will, contact them and ask whether they hold the original.
They will usually need proof of death, such as a death certificate, and proof of identity from the person making the enquiry. They may also need to confirm that the person requesting the will is an executor or has a legitimate reason for asking.
If the deceased used a particular solicitor for other work, such as buying a house, making a Lasting Power of Attorney, divorce, tax planning or business matters, that firm may hold the will or know where it was sent.
If the solicitor's firm has closed or merged, the will may have been transferred to another firm or storage provider. The Solicitors Regulation Authority or the Law Society may be able to help trace what happened to the firm's files.
Where a solicitor holds the original will, they will usually release it to the executor named in the will or provide guidance on the next steps. Beneficiaries do not automatically have the same rights to obtain the original will before probate.
Some people store wills with banks, although this is now less common than it once was. It may still be worth checking with the deceased's bank, particularly if you know they used a safe custody service or held important documents there.
Other professional advisers may also have information. Accountants, financial advisers, investment managers or tax advisers may know whether the deceased made a will and which firm prepared it.
This is particularly useful where the estate includes business assets, trusts, investments, farms, overseas assets or inheritance tax planning. In those cases, the will may have been prepared as part of wider estate planning.
When contacting advisers, you will usually need to provide proof of death and explain your connection to the deceased. They may not be able to release confidential information immediately, but they may be able to confirm whether they hold relevant documents or direct you to the appropriate person.
Some wills are deposited with HM Courts and Tribunals Service for safekeeping.
If the deceased deposited their will or a codicil with HMCTS, the executor can apply to withdraw it using form PA7A. If there is more than one executor, the consent of the other executors may also be needed using form PA7B. Where the person who made the will has died, an official copy of the death certificate must be included with the application.
There is no charge to withdraw a will stored with HMCTS. Processing can take time, so this should be considered early if you believe the original will may have been deposited for safekeeping.
This is worth checking where family members know a will existed but cannot find it at home, with a solicitor or with a bank.
There is no single compulsory government register of wills in England and Wales.
This means not every will can be found through one central official system.
However, a will may have been registered with a commercial will registration service, such as the National Will Register. This can record the location of a will, making it easier for executors and families to find the document after death.
A search can help identify whether a registered will exists or whether a solicitor or will writer may hold it. However, registration is voluntary, so a negative search does not prove that no will exists.
This type of search can be useful where family members believe a will was made but do not know where it is stored. It can also be helpful where there is concern that an earlier will has been found but a later one may exist.
Once probate has been granted, the will usually becomes a public document. This means it can be searched and ordered through the probate records service.
A new probate record will usually appear online approximately 14 days after probate has been issued. Each copy of a probate record ordered online currently costs £16.
This is useful where someone has already applied for probate and you want to obtain a copy of the will or grant. It is important to search by the year the grant was issued, not only the year of death, because probate may be granted months or even years after someone dies.
Not every probate record contains a will. Grants of Probate and grants described as “Grant and Will” or “Admon with Will” usually include a will. A grant of administration without a will does not.
This will not usually help at the very start of the estate administration process if probate has not yet been granted. At that stage, the priority is to locate the original will so the executors can apply for probate if required.
If the death is recent and probate has not yet been granted, it may be possible to carry out a standing search at the Probate Registry.
A standing search asks to be sent a copy of the probate record if a grant is issued within the next six months. It can be useful where you believe someone may apply for probate but the grant has not yet appeared in the public records.
A standing search currently costs £4 and can be extended after six months. This can be particularly helpful for beneficiaries, family members or interested parties who want to know when a grant has been issued and obtain copies automatically once it is available.
Finding a copy of a will can be helpful, but the original will is usually needed for probate.
If only a copy is available, the position can become more complicated. The usual route is an application to the Probate Registry asking for the copy will to be admitted to probate. This application will normally need to be supported by evidence that the will was properly executed and an explanation of what happened to the original.
Where the original will was last known to be in the deceased person's possession but cannot be found after death, there may be a presumption that the deceased destroyed it with the intention of revoking it. This presumption can sometimes be challenged, but evidence will be needed.
A copy will may still provide useful information, such as the name of the solicitor who prepared it, the executors, the date it was signed and the beneficiaries. It may also help identify where the original was stored.
If only a copy can be found, legal advice should be taken before applying for probate or assuming that the estate must pass under intestacy.
It is not unusual to find more than one will, especially where someone updated their estate planning over time.
The most recent valid will usually revokes earlier wills. However, this depends on whether the later will was properly signed, whether the person had testamentary capacity, whether they knew and approved its contents and whether there are any concerns about undue influence, fraud or forgery.
Codicils should also be checked. A codicil is a formal document that amends a will rather than replacing it entirely. If a codicil exists, it should be read alongside the will.
If multiple wills are found and there is uncertainty over which one applies, do not distribute the estate until the position is clear. Taking advice early can help avoid disputes between executors, beneficiaries and family members.
Finding a will does not always mean it is still valid in full. Later life events can affect whether a will still takes effect.
In England and Wales, marriage or entering into a civil partnership usually revokes an existing will, unless the will was made in expectation of that specific marriage or civil partnership and the required intention is clear.
This is a significant point. A person may have made a valid will years earlier, then later married or entered into a civil partnership without realising that the earlier will was revoked. If that happens and no later valid will exists, the estate may pass under the intestacy rules.
Divorce or dissolution of a civil partnership does not revoke a will entirely. However, gifts to a former spouse or civil partner, and appointments of them as executor or trustee, will usually take effect as if the former spouse or civil partner had died on the date of the divorce or dissolution, unless the will shows a contrary intention.
The Law Commission has recommended reforming this area, including abolishing the rule that marriage or civil partnership revokes a will. However, until any change is enacted, the current rules remain important.
If the deceased married, entered into a civil partnership, divorced or dissolved a civil partnership after making their will, legal advice should be taken before assuming the will operates as originally written.
If no valid will can be found after reasonable searches, the estate will usually be treated as intestate.
This means the rules of intestacy decide who inherits. The rules prioritise spouses, civil partners, children and other relatives in a fixed order. They do not automatically provide for unmarried partners, stepchildren, friends or charities.
Where there is no will, an eligible person may need to apply for Letters of Administration if probate is required. This gives them legal authority to administer the estate.
Before proceeding on the basis of intestacy, it is important to make proper enquiries. This may include searching the home, speaking to family, contacting solicitors, checking with advisers, contacting HMCTS where appropriate and considering a will register search.
If a will is discovered after the estate has already been distributed, this can create serious problems, especially if the beneficiaries under the will are different from those who inherited under intestacy.
Yes. Missing wills can lead to disputes, particularly where family members disagree about whether a will existed, whether it was revoked or whether someone is withholding it.
Disputes may also arise where a copy will is found but the original is missing, where there are allegations that a later will has been destroyed, or where a will is found but there are concerns about marriage, divorce, capacity, undue influence or validity.
In some cases, it may be appropriate to enter a caveat at the Probate Registry to prevent a grant being issued while the position is investigated. A caveat normally lasts for six months and can be extended for another six months.
A caveat should only be used where there is a genuine dispute, not simply to delay the estate administration process. If used incorrectly, it can increase costs and make the dispute more difficult to resolve.
If there is concern about a missing will, legal advice should be taken promptly. Early action can help preserve evidence and prevent the estate from being administered incorrectly.
The best approach is to work through the search methodically.
Start by checking the deceased's home and paperwork. Speak to close family members, friends and anyone who may have been involved in their affairs. Contact solicitors, will writers, banks, accountants and financial advisers.
Consider whether the will may have been deposited with HMCTS for safekeeping. You may also wish to search the National Will Register or another will search service.
If probate has already been granted, search the public probate records. If probate has not yet been granted but you want to be notified if a grant is issued, consider a standing search.
If only a copy will is found, take advice before assuming it can be used. If no will is found, make sure reasonable enquiries have been carried out before proceeding under the intestacy rules.
Keeping a record of the searches made is sensible. It can help show that proper steps were taken and may be useful if questions arise later.
Finding a will after someone dies is an important part of the probate and estate administration process. The will confirms who should administer the estate and who should inherit.
A will may be stored at home, with a solicitor, with a bank, with a will writer, deposited with HMCTS or recorded through a will registration service. Once probate has been granted, the will usually becomes a public document and can be searched through probate records.
It is also important to check whether the will is still valid. Marriage or civil partnership can revoke a will unless it was made in expectation of that marriage or civil partnership. Divorce does not revoke a will entirely, but it can affect gifts and appointments involving a former spouse or civil partner.
If no will can be found, the estate may need to be dealt with under the rules of intestacy. However, reasonable searches should be carried out first, particularly where family members believe a will may exist.
If you are unsure whether a will exists, have only found a copy, or are concerned about a missing or disputed will, Premier Solicitors can help you understand the next steps and protect your position.
At Premier Solicitors, our probate and estate administration team provides clear, practical support to families, executors and administrators after someone has died.
We can help you establish whether a will is available, advise on the validity of a will, deal with missing or copy wills, prepare probate applications and guide you through the full estate administration process.
Our contentious probate team can also assist where there is a dispute about a missing will, a later will, executor authority or the distribution of the estate.
For tailored advice on finding a will, probate or estate administration, contact Premier Solicitors today.
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