Checking for a Will After a Death

Finding out whether the person who died left a will is one of the first things to sort out, since it usually names an executor and sets out their wishes, and it shapes many of the decisions that follow. Here's where to look, and what to do if you can't find one.

Start Close to Home

Most people keep their will somewhere accessible: a home filing cabinet, a desk drawer, a safe, or with other important papers. It's also worth looking for a note or letter titled something like "in the event of my death," which sometimes points to where the will is kept and who the executor is.

Only the original, signed document counts. A photocopy, scan, or saved draft on a computer isn't valid on its own, if the original genuinely can't be found, the estate may need to be treated as if there was no will at all, so it's worth searching thoroughly before concluding there isn't one.

Check With a Solicitor or Will-Writer

Most professionally drafted wills in the UK are stored by the solicitor or will-writing firm that drew them up, usually free of charge. If you know or suspect the person used a solicitor, even for something unrelated like buying a house, it's worth asking, as many solicitors keep wills on file for existing clients.

If the person had a previous will professionally drafted (for example, as executor of a late spouse's estate), it's worth checking who drafted that one too, they may still hold the current version.

Ask Their Bank

Some banks offer a will storage service for customers and may hold a copy, so it's worth a call to check, particularly if you're already in contact with their bereavement team for other reasons.

Search the National Will Register

The National Will Register (also known as Certainty) is a paid search service that checks a database of wills registered by solicitors and will-writing firms across the UK. Registration with it is voluntary, so a will not being found there doesn't necessarily mean one doesn't exist, it simply may not have been registered with that particular service.

Search Probate Records, If Probate May Already Be Granted

If you think probate may already have been applied for, perhaps because the person died some time ago, or as executor of an earlier estate, you can search probate records on GOV.UK. This only finds wills where a Grant of Probate has already been issued, at which point the will becomes a public document. A copy costs £1.50 online, or you can apply by post using form PA1S for £16, which includes a copy of both the probate record and the will.

If probate hasn't been granted yet but might be soon, form PA1S also lets you set up a standing search for £4, which notifies you if a grant is issued for that person within the next 6 months.

This route only works for wills that have already gone through probate, it won't help you find a will that hasn't been used yet, that's what the earlier steps (home, solicitor, bank, National Will Register) are for.

In Scotland and Northern Ireland

The process differs slightly outside England and Wales:

• Scotland: registered wills can sometimes be found through the Scottish Courts and Tribunals Service, or the Registers of Scotland if the will was recorded in the Books of Council and Session.
• Northern Ireland: contact the Public Record Office of Northern Ireland (PRONI) to search for probate records or wills.

If You Still Can't Find One

If you've checked all of the above and there's genuinely no will to be found, the estate is generally treated as if the person died without one, known as dying intestate. In that case, a set legal order determines who inherits and who can apply to administer the estate, rather than the person's own wishes as set out in a will.

Frequently Asked Questions

Can I see the will straight away?

Not necessarily. Before probate is granted, a will is a private document, generally only the executor (or the solicitor holding it) has the right to see it. Beneficiaries are usually told what they're entitled to once the executor is ready to share that, though there's no strict legal deadline for when this must happen.

What if I'm named as executor but don't have the will?

You'll need to track it down using the steps above, since you'll need the original document to apply for probate. If you know which solicitor drafted it, that's usually the fastest route.

Does everyone need a Grant of Probate?

No, not every estate requires one, it depends on what the person owned and how it was held. It's worth checking whether probate is actually needed before starting a lengthy search.

How long can I take to look for a will?

There's no legal time limit on finding a will or applying for probate. That said, it's generally best to start reasonably soon, since many of the other practical steps after a death, like managing the estate's finances, often depend on knowing what the will says.

Related reading: How to Register a Death in the UK · A Gentle Guide to Funeral Planning in the UK