Can You Proceed with Probate If a Will Is Lost?
Losing a will in the UK can create significant legal challenges, especially if no copies exist. If a will cannot be found after someone dies, the law assumes it was deliberately destroyed by the testator (the person who made it), meaning their estate may be distributed under intestacy rules. However, if a copy exists or evidence can prove the will’s existence, probate may still proceed.
Steps to Take If a Will Is Lost
1. Search for the Will
- Check the deceased’s home, safe, or personal files.
- Contact their solicitor, accountant, or financial adviser.
- Check with the Principal Registry of the Family Division or Certainty – The National Will Register.
2. Look for a Copy or Digital Version
If a copy exists, it may be possible to use it in probate. However, you’ll need to prove that the original was not deliberately destroyed.
3. Apply to Court to Prove the Will
If a copy is found, an application can be made to the Probate Registry to prove its validity. You must provide:
- Evidence that the testator did not intend to revoke the will.
- Statements from the solicitor or witnesses who saw the will.
4. Intestacy Rules Apply If No Will Is Found
If no will is located and its existence cannot be proven, the estate is distributed according to intestacy laws, meaning:
- The spouse or civil partner inherits the majority of the estate.
- If there is no spouse, the estate goes to children, parents, siblings, or distant relatives in a set legal order.
Preventing Issues with Lost Wills
To avoid complications, individuals should:
- Store wills in a secure, known location (e.g., with a solicitor or Will Register).
- Inform executors and family members where the will is kept.
- Keep a certified copy to support probate if the original is lost.
How Fraser Bond Can Help
At Fraser Bond, we offer expert guidance on estate planning, probate, and property matters. Whether you're searching for a lost will or need advice on inheritance issues, our team can assist you in navigating the legal process.
Need Help? Contact Fraser Bond Today
Ensure your property and estate wishes are protected. Speak to Fraser Bond’s specialists for advice on wills, probate, and inheritance planning.
