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After someone passes away, it’s important to find out if they have left a Will and if so, where it’s kept.
Typically, if a Will exists, the named executor(s) is responsible for locating it and obtaining the original copy.
The executor is also the only person who’s legally entitled to see the Will before probate has been issued (before the deceased’s estate is distributed).
Although, they may share the contents of the Will with the beneficiaries (those who’ll receive an inheritance).
Once probate has been granted, the Will is stored online with the Probate Service and any member of the public can download a copy.
In this guide, we explain in detail:
We also help to answer some common questions, including:
Reassured, an award-winning life insurance broker, has written this helpful guide on how to find out if someone has left a Will in the UK.
Continue reading for everything you need to know…
In England and Wales, a Will is a legally binding document that allows someone to declare what happens to their estate after they’re gone.
Their estate comprises of any property, possessions and assets that they have.
A Will includes information such as:
For a Will to be legally valid, it needs to be witnessed and signed by two independent adults as well as the testator.
The witnesses cannot be related to the testator and must not benefit from the Will in any way.
Before someone passes away
If someone has written a Will, then this document can be kept private until they pass away.
They may tell the named executor(s) or beneficiary(ies) where it’s kept and what the contents are, but they’re not obliged to.
There’s also no requirement for a Will to be registered online or stored in an official location until after probate has been issued.
Sometimes, this can make it difficult to find out if someone has a Will and who may benefit from their estate when they die.
After someone passes away
As mentioned, it’s important to find out if someone has a Will when they pass away, and to carry out all the necessary searches before deciding conclusively if there’s a Will or not.
If a Will exists, then the named executor will need the original copy so that they can apply for probate.
A grant of probate allows them to lawfully administer the deceased’s estate and distribute their assets according to their wishes.
Places to search for a Will:
Who is entitled to see a Will after death?
The executor is the only person who’s legally entitled to see the Will after death and before probate has been granted.
They can a obtain copy of the Will from the solicitor or bank, and they can access the Will on the National Will Register.
When do beneficiaries of a Will get notified?
The executor has a duty to identify the beneficiaries named in the Will and notify them of their entitlement.
Generally, this happens not long after death and early on in the probate process. However, the executor has no legal obligation to disclose any of the Will until probate has been granted.
A Will becomes publicly available after probate has been granted.
In England and Wales, Wills and probate records are stored online by the probate service.
You can search the database on the government website to find a Will and download a copy (there’s a £1.50 fee).
However, not all records will include a Will. If a Will is included, the results will state ‘Grant and Will’.
If a Will isn’t included, then the results will state ‘Grant only’.
Generally, the probate process takes 6 - 9 months so you may need to wait a while to see the Will if the person has recently died.
For information on how to find a Will online in Scotland, visit https://www.mygov.scot/finding-will
For information on how to find a Will online in Northern Ireland, https://www.nidirect.gov.uk/proni
To find out if you’re a beneficiary in a Will then you may need to ask the executor, if you know who they are and if it’s appropriate to do so.
If you’re a beneficiary, then they’ll probably tell you. However, they’re not legally obliged to until probate has been granted.
As mentioned, beneficiaries are usually informed of their entitlement not long after someone has died and during the probate process.
Once probate has been granted, which can take a few months, beneficiaries can access a copy of the Will on the government website.
If there is no Will or if a Will can’t be found, then intestacy law determines how the deceased’s estate is distributed.
Under intestacy law (‘Rules of Intestacy’) in England and Wales:
The Rules of Intestacy are different in Scotland and Northern Ireland.
How to find out if someone has a funeral plan
Many people in the UK have a prepaid funeral plan in place to protect their loved ones from unexpected (and rising) funeral costs. (Please note, Reassured are unable to sell funeral plans. If you are looking for a funeral plan we suggest you check the FCA register to find a regulated provider).
When someone passes away, they may not have kept their funeral plan details with other important documents such as their Will.
It’s important to find out if they have funeral plan to ensure that they’re selfless investment isn’t lost.
How to find out if someone has life insurance
Surprisingly, there are many unclaimed life insurance policies in the UK.
Life insurance is a type of policy that pays out a cash sum to loved ones when the policyholder dies.
You may not know that a deceased partner, parent or other relative has life insurance in place or if you’re a beneficiary.
Fortunately, there are various searches you can carry out to be sure. See our How to find out if someone has life insurance guide for all the details.
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