What happens when you can’t find a will
13th May, 2026
A will does not take effect until after the death of the person making the will and generally speaking it can be changed or revoked at any point during the testator's lifetime.
A will can be revoked by the preparation of a new will that states that the old will is revoked or it could be destroyed by the person who made the will. After the death of the testator the last will in existence takes effect and personal representatives are often tasked with locating the last signed original will.
The starting point is that the original signed will must be provided with the application for probate and a copy will not normally be accepted by the Probate Registry (subject to some exceptions). It is therefore essential that the deceased’s original will is located, but this is not always straightforward if the deceased had not discussed the will with their personal representatives prior to their death.
The personal representatives should conduct a thorough search of the deceased’s papers to try and locate the original will. This would normally include searching the deceased’s own files and documents and making enquiries at local solicitors and particularly solicitors that dealt with the deceased’s legal arrangements during their lifetime.
The will may have been deposited with a national will registry although the use of those companies is not compulsory and a check with one of those companies cannot be treated as an exhaustive search.
What happens if a will is destroyed?
If a will which was known to be in the deceased’s possession cannot be found upon their death it raises the question of whether it has been lost or deliberately destroyed. If the will cannot be found there is a presumption it was revoked by destruction by the will maker. However, it may be possible to make an application to court for evidence of the will’s contents to be accepted in place of the original will.
In some limited circumstances oral evidence of the person’s will can be put forward in place of the original will to show that it had not been intentionally destroyed. An example of this may be where the will could have been destroyed in a property fire or a flood and there may be evidence remaining of its contents. In these limited circumstances there would be evidence that the will was not intentionally destroyed if there is also clear evidence of what the signed will contained. It would be up to those seeking to benefit under the last will to prove that the person did not intend to revoke it if it can no longer be found.
It is crucial to identify where the will was last seen. If the will was last seen with the testator a presumption will arise, in the absence of the contrary intention, that the testator destroyed the will if it can no longer be found. If no previous will can be found then the estate would pass under the intestacy provisions which may not reflect the testator’s wishes. It is however important to note that the presumption of destruction is rebuttable if enough evidence to the effect that the will was not revoked can be produced.
Copy of a will
If only a copy of the will can be found (even a photo copy or an electronic file) then an application can be made to admit the copy will to probate but the Probate Registry would expect a detailed witness statement outlining how the original will came to be lost and exactly what searches have been undertaken to find it.
Significantly they will also need to know the details of anyone who would otherwise stand to benefit from the estate if the copy will is not proven and the deceased has been held to have died intestate (without a valid will).
Storing your will
Although there is no obligation it is sensible to ensure your will is kept in a secure location that is known to the executives. If the will is professionally prepared by solicitors, they would usually provide the testator with a copy of the will and the original can be held in safe storage by the solicitors.
This service is usually provided at no extra cost. It is advisable to keep a copy of the will together with the letter enclosing the will amongst your personal papers so that anyone searching for the will can easily locate it. It is also advisable to inform your executors where your will is stored.
Top five tips for how to find a will
- If you cannot locate the original will then a search of the deceased papers should be undertaken. Questions should be asked of family members and close friends to ascertain if any discussion identified where the original will may have been located.
- If a search does not locate a will then enquiries should be made with any solicitors who may have dealt with the testator in the past. A letter to those solicitors should be drafted advising them of the testator’s death and asking if they retain a copy of the deceased’s original will.
- If a copy of the original will can still not be found then a national will registration company should be contacted. These companies will make enquiries of a number of local solicitors to see if they retain a copy of the deceased and also check national will registers for a fee.
- If a national will registration company cannot locate the will then a final check should also be conducted with the deceased’s bank. Some banks offer a will writing service and they may retain their own copies of the will or have details of the solicitor involved in the preparation of a will as an agent of the bank.
- Some accountants may also hold a copy will for their clients in circumstances where Inheritance Tax advice has been provided. Enquiries should be made with any accountant employed by the deceased.
If there’s still no evidence of the original will but a copy has been found, a copy of the will could be submitted to probate (subject to certain conditions being satisfied) as an option of last resort. In exceptional circumstances details of a will may also be admitted to probate without a copy being produced, though legal advice should be taken on this option.
If you need advice or support on any matters relating to wills or disputed estates, our experienced team are happy to assist.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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