The Location of your Will: What if my original Will cannot be found when I die?

Whilst it is always important to know that your Will is well-drafted and reflects exactly what you would like to happen when you pass away, a well-drafted Will is not effective if it cannot be located after your passing. At Nelsons, we ensure that you are aware of the importance of informing your loved ones and executors about the location of your Will upon your death.

The Consequences of a Missing Will

Delays can occur

If the original Will is lost or misplaced, it can cause significant delays. Without it, Executors may not be able to apply for probate, which means they may not be able to access bank accounts, sell property, or distribute inheritance. This can be especially stressful for families who are already grieving and even more so if there are dependents who rely on the estate for financial support. In some cases, the delay can stretch for months, especially if the court requires additional evidence in order to prove that the Will is valid or if disputes arise as to the authenticity of the copy Will submitted in its place.

Risk of Intestacy Rules being applied

In some cases, if there is only a copy of the Will available, it may be presumed that the original had been destroyed and therefore revoked by the deceased prior to their death. If this were to happen, then the estate might be treated as if there was no Will at all. This is called dying intestate and the estate would pass in accordance with strict statutory rules that would determine distribution, regardless of what the deceased may have wanted. This is especially important to note in the following circumstances:

Family disputes may arise

A missing Will can lead to confusion, suspicion, and conflict among family members. Disagreements may arise over who should inherit, especially if some relatives believe they were promised something that now can’t be proven. These disputes can be emotionally draining and may even lead to court disputes that can lead to hefty legal fees to defend the estate’s position.

Financial hardships for dependents

If the deceased had dependents, such as a partner, children, or elderly parents, they may face immediate financial difficulties. Access to bank accounts, pensions, or life insurance may be delayed, leaving them without essential funds for daily living expenses, mortgage payments, or care costs.

How to avoid these issues

To prevent this kind of situation, it is essential to:

• Store the Will safely: At Nelsons, we offer to store any Will we prepare for a client securely for the rest of their life. Alternative safe places may include a fireproof safe at home or a will storage facility.
• Tell someone you trust: Make sure your Executors or close family members know where the original Will is kept. It may be appropriate to make a note of where the original Will is held with any copy that you keep at your home so that if your Executors stumble across it, they can locate the original.
• Keep it updated: Life changes, including marriage, having children, buying or selling a property, can all affect your wishes. This doesn’t just include your own circumstances, but if your children were to have financial or matrimonial hardships or changes in circumstances, this may also affect how you wish to leave your estate. You should always be sure to review your will regularly to ensure it still reflects your intentions.

Final Thoughts

While it’s not something most of us like to think about, planning ahead can make a world of difference for those we leave behind. Ensuring your Will is safely stored and easy to find is a simple step that can spare your loved ones a great deal of stress during an already difficult time.