Before someone passes away
If someone has written a Will, then this document can be kept private until they pass away.
They may tell the named executor(s) or beneficiary(ies) where it’s kept and what the contents are, but they’re not obliged to.
There’s also no requirement for a Will to be registered online or stored in an official location until after probate has been issued.
Sometimes, this can make it difficult to find out if someone has a Will and who may benefit from their estate when they die.
After someone passes away
As mentioned, it’s important to find out if someone has a Will when they pass away, and to carry out all the necessary searches before deciding conclusively if there’s a Will or not.
If a Will exists, then the named executor will need the original copy so that they can apply for probate.
A grant of probate allows them to lawfully administer the deceased’s estate and distribute their assets according to their wishes.
Places to search for a Will:
- At the deceased’s home
They may have it filed away in a cupboard or kept in a drawer with other important paperwork. If you can’t find the Will itself, you may come across other documents or information that may be helpful, such as the details of a solicitor.
Also, keep an eye out for a Certainty Will Registration Certificate, this means their Will can be found on the National Will Register
- Solicitors
A solicitor or accountant may have helped draw up the deceased’s Will and/or may have it stored safely on their behalf. If you’re unsure which one they used, you may need to call around all of those who are local to the deceased’s home. Only the executor can obtain the Will from a solicitor or accountant
- Their bank
Whilst it’s not recommended to store a Will at the bank, sometimes this is the case. You can contact the deceased’s bank to find out if they have the Will but they may not provide any information unless you’re the executor.
If they have the Will, then they may not release it until probate has been granted (as the deceased’s assets are frozen until then). If they can provide a copy, then only the executor can obtain this
- Certainty National Will Register
Solicitors, Will writers and other professionals use the National Will Register to store their client’s Wills. Individuals can also store their Will on the register for safekeeping.
You can carry out a search for registered Wills and non-registered Wills on Certainty by providing details of the deceased, your details and the reason for your search. There’s a fee (from £45.60) to use the service but you should be able to claim this back from the estate.
Keeping in mind, there’s no guarantee you’ll be able to establish the existence of a Will or see the contents of a Will unless you’re the executor (or if you’ve been given power of attorney by the testator)
- Probate registry (England and Wales)
The probate service has a Will storage facility. You could contact your local probate registry to see if they are storing the deceased’s Will
Who is entitled to see a Will after death?
The executor is the only person who’s legally entitled to see the Will after death and before probate has been granted.
They can a obtain copy of the Will from the solicitor or bank, and they can access the Will on the National Will Register.
When do beneficiaries of a Will get notified?
The executor has a duty to identify the beneficiaries named in the Will and notify them of their entitlement.
Generally, this happens not long after death and early on in the probate process. However, the executor has no legal obligation to disclose any of the Will until probate has been granted.
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