How to find out if someone left a Will
After someone dies, one of the first questions is often: did they leave a Will? Sometimes the answer is obvious. Often it is not. The person may have mentioned a Will years ago, or the family may simply not know. This guide explains where to look, what official searches exist, and what happens if no Will turns up.
Why finding the Will matters
The Will decides who deals with the estate and who inherits. It may also include funeral wishes and the names of guardians for children. If there is a valid Will, the executors named in it usually deal with the estate. If there is not, the intestacy rules decide who inherits and who can apply to manage the estate. Getting this right early can prevent confusion and upset later.
Start with the person’s home and papers
Most Wills are kept somewhere sensible. Look carefully, and ask close family and friends where the person kept important documents. Common places include:
- a desk, filing cabinet, safe or locked box
- a folder with property deeds, insurance or pension papers
- a bedside drawer or wardrobe
- an envelope marked with a solicitor’s or will writer’s name
Look for any letters or invoices from a solicitor, will writer or bank. These can point you to whoever prepared or stored the Will.
Contact anyone who may have prepared it
If you find the name of a firm, contact them. Explain that the person has died, and ask whether they hold a Will or know of one. They may ask for a copy of the death certificate and proof of who you are. If the firm has closed or merged, the Solicitors Regulation Authority may be able to help you trace where its files went.
It is also worth asking:
- the person’s bank, as some banks store Wills or offer will services
- their accountant or financial adviser
- any will storage company they may have used
- close friends who may have acted as witnesses
Searching official probate records
If probate has already been granted, the Will becomes a public document. GOV.UK lets you search probate records for documents and Wills in England and Wales. The service covers deaths from 1858 onwards. You can:
- check whether probate has been issued
- see what type of grant was issued
- order a copy of a probate record, including a Will where there is one
GOV.UK says new entries usually appear around 14 days after probate is issued. Not every record includes a Will. A grant of letters of administration, for example, usually means there was no valid Will.
This search is useful if someone died some time ago, or if another family member may already have applied. It will not show a Will that has not yet gone through probate.
Is there a register of Wills?
There is no compulsory register of Wills in England and Wales. Some people choose to register the existence of their Will with a private service, or deposit it for safekeeping. Private search services also exist that contact firms on your behalf. These can be helpful, but they usually charge, so think about whether you need one after you have tried the free options.
What if you find more than one Will?
Usually the most recent valid Will applies. A newer Will normally cancels earlier ones, especially if it says so. Codicils, which are formal changes, may also need to be read alongside the Will. Keep every document you find and do not destroy older versions. A professional can help work out which one is valid.
Watch for marriage and divorce
Marriage usually cancels an earlier Will, unless it was made in expectation of that marriage. Divorce does not cancel a Will, but gifts to the former spouse usually fail. These rules can affect which Will is valid and what it means.
If you only find a copy
A photocopy or unsigned draft is not usually enough on its own. Keep searching for the original. If it cannot be found, there are ways to ask for a copy to be accepted, but this can be complex. A probate professional can explain the options.
What if there is no Will?
If you have searched carefully and found nothing, the person is treated as having died “intestate”. The intestacy rules decide who inherits, starting with a spouse or civil partner and then children and other relatives. GOV.UK has a tool to help you work out who inherits if someone dies without a Will.
The closest relative is usually the person who can apply to deal with the estate. This is called applying for letters of administration. Unmarried partners do not automatically inherit under these rules.
A simple search checklist
- Search the home and ask close family.
- Look for letters from solicitors, will writers or banks.
- Contact any firm you find, with a copy of the death certificate.
- Search GOV.UK probate records if time has passed.
- Consider a paid search service only if needed.
- Keep any Wills, copies and codicils safe and unaltered.
Where to go from here
If no Will is found, our help article on intestacy and letters of administration explains the estate side. Our guide on whether probate is needed can help you plan the next step.
If you would like a professional to help with the estate, you can share a few details about your situation. WillHarbour is an independent introduction service, not a law firm. With your permission, we share your enquiry with up to three firms. It is free to use, and each firm must tell you about its fees and its referral arrangement with us before you instruct it.
Frequently asked questions
Is there a central register of Wills in England and Wales?
No. There is no compulsory register. Some people register their Will with a private service, and once probate is granted the Will becomes a public record you can search on GOV.UK.
Can I see someone’s Will before probate is granted?
Not as a public record. Before probate, the Will is usually held by the executors or the firm that stored it. After probate, anyone can order a copy through GOV.UK.
What happens if no Will can be found?
The person is treated as having died without a Will. The intestacy rules decide who inherits, and the closest relative can usually apply for letters of administration.
This article is general information about the law in England and Wales and isn’t legal, tax or financial advice. Rules can change, so check official guidance or speak to a qualified professional about your situation.
