Last Updated on May 6, 2026 by tanya

Lost Will After Death

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

How to Find a Missing Will and What Intestacy Means

When someone dies, a lost will after death can create a lot of uncertainty for those left behind. The will names the executors, sets out who should inherit, and provides the legal authority to deal with the estate. But sometimes the family cannot find the will at all.

A missing will can delay the probate process abd prevent access to money and property, but there is a clear process you can follow in England and Wales to search for a missing or lost will after someone dies. If you still cannot find it, the estate usually falls under intestacy rules.

This may result in family conflict as unmarried partners do not automatically inherit under intestacy law.

 

What counts as a missing or lost will?

A will is considered missing when the original signed document cannot be located after death. In England and Wales, the Probate Registry usually expects the original will when applying for a Grant of Probate.

A photocopy or scanned version may help with the search, but it does not automatically allow you to proceed with probate in the usual way. That is why the priority is always to locate the most recent original will.

Step 1: Check the most common places wills are kept

Many wills are not actually “lost”. They are often stored somewhere safe and simply forgotten.

Start with a thorough search of the deceased’s home, including:

 

• Filing cabinets, desks, and drawers
• A safe, lockbox, or hidden storage area
• Any folder labelled “will”, “legal”, “house”, or “important documents”
• Paperwork stored with deeds, mortgage statements, or insurance documents
• Boxes in lofts, garages, cupboards, and under beds

 

If the deceased kept documents neatly, look for an “important documents” folder. If they were disorganised, be prepared for the will to be mixed in with everyday paperwork.

 

Step 2: Look for clues in their paperwork and emails

Even if you cannot find the will itself, you may find evidence of where it is held.

Search for:

 

• Letters from solicitors
• Invoices for will-writing services
• Emails mentioning “will”, “estate”, “executor”, or “probate”
• Appointment letters for legal meetings
• Notes that refer to a firm name or storage location

 

You can also check bank statements for payments to solicitors or will-writing companies, which often helps identify who drafted the will.

 

Step 3: Contact solicitors the deceased may have used

A large number of wills are stored with solicitors, sometimes for many years. If you identify a solicitor from paperwork, contact them directly and ask if they hold the original will.

Even if you do not know which solicitor drafted the will, it is worth contacting:

 

• The solicitor who handled their house purchase or sale
• Any solicitor involved in divorce, business, or family matters
• Local solicitors in the area where the deceased lived

 

Some firms merge or close over time, so you may need to track down successor practices if the firm no longer exists.

 

Step 4: Check with the deceased’s bank

Banks used to store wills more commonly, but some still offer document storage services. If the deceased had a long-standing relationship with a bank or used private banking, ask whether the bank holds the will or any safe custody documents.

You may also find that the bank holds:

 

• A copy of the will
• Details of the solicitor who drafted it
• Evidence that the will was deposited elsewhere

 

Step 5: Ask the deceased’s accountant or financial adviser

Accountants and financial advisers do not usually store original wills, but they often know who drafted the will or have copies on file.

If the deceased had an adviser, ask whether they have:

 

• A copy of the will
• A letter of engagement from a solicitor
• Notes from estate planning discussions
• The name of the executor or law firm involved

 

This step may quickly point you in the right direction.

 

Step 6: Use a professional will search service

If you cannot locate the will through home searches and professional contacts, the next step is often a formal will search.

In England and Wales, many people use the National Will Register. This can help you find out whether:

 

• A will was registered
• A solicitor or will writer created it
• The will is stored with a particular firm

 

This is especially useful if the deceased moved house, used a will-writing company, or made a will many years ago.

 

Step 7: Ask family members and close friends 

This can feel awkward, but it is often one of the most effective steps. Many people tell at least one trusted person where their will is kept, such as:

 

• A spouse or civil partner
• Adult children
• Close friends
• A neighbour
• A carer or support worker (if appropriate)

 

Keep the question simple and factual: you are not asking what the will says, only where the original might be stored.

 

How long should you search for a missing will before acting?

You should not rush into administering the estate as intestate unless you have carried out a proper search. Once you distribute an estate under intestacy rules, it becomes difficult to correct if a valid will later appears.

As a general rule, you should:

 

• Search the home thoroughly
• Contact known solicitors and advisers
• Use a will search service if needed
• Keep a written record of the steps taken

 

This approach protects the person handling the estate and reduces the risk of mistakes later.

 

What happens if the will cannot be found?

If you cannot locate the original will after a full search, the estate is usually dealt with as if there is no will. This is called intestacy.

In some situations, it may be possible to apply to administer the estate using a copy will, but that process is more complex and depends on the evidence available. For many families, intestacy is the practical route if the original will is missing.

Intestacy is the legal framework that applies when someone dies without a valid will. Instead of the deceased choosing who inherits, the law decides who receives the estate.

Intestacy rules set out:

 

Which relatives inherit

The order of priority

How the estate is divided

Who can apply to manage the estate

 

However, intestacy does not account for personal wishes, informal promises, or relationship history. It applies strictly, even where the outcome feels unfair.

 

Who inherits under intestacy rules?

In England and Wales, intestacy rules generally prioritise:

 

A spouse or civil partner

Children (including legally adopted children)

Parents

Siblings

More distant relatives

 

If no eligible relatives exist, the estate may pass to the Crown, which is rare.

One of the most important points is that unmarried partners do not automatically inherit under intestacy rules, even if they lived together for many years.

 

Who applies for probate when there is no will?

When there is no will, there is no executor. Instead, an eligible person applies for a Grant of Letters of Administration.

The person who applies is called the administrator. They take on the responsibility of:

 

• Collecting assets and closing accounts
• Paying debts and taxes
• Distributing the estate correctly under intestacy rules

 

Need Help? Contact Our Team

If you administer an estate under intestacy rules and later find a valid will, the estate may need to be re-administered. That can create serious complications, especially if money has already been distributed. That is why a structured search is always recommended before assuming no will exists.

However, if there’s a will dispute, by acting quickly and working with an experienced legal team, you can ensure your loved one’s estate is handled lawfully and fairly.

📞 Call us at 0333 358 2345 or contact us online for your initial,  free consultation.