How can I get a copy of the Will?

Usually, a copy of a Will would be kept with the person’s important papers. If you cannot find a copy, then contacting the law firm that acted for the deceased is the best starting point. This may be a law firm that has acted for them in purchasing of property, family law cases or business advice. If you don’t know of any law firm or Will drafter that acted for the deceased, then you can try contacting their banks, as some still retain documents for customers.

The National Will Register also has useful search mechanisms. By conducting a Certainty Will Search, it will check to see if a Will has been registered on The National Will Register and in geographically targeted areas where the deceased used to live or work for Wills that have not yet been registered.

If you are still unable to find a copy of the Will, then placing a standing search with the Probate Registry is a good alternative. This can also be included when a Will Search Protect is conducted with The National Will Register. In England and Wales there is no individual that has an entitlement to see a Will except for the executors, until it becomes a public document either by probate being granted or a court claim being issued. A standing search with the Probate Registry will notify you if probate has been granted within six months of the search being placed and you will be sent a copy of the grant and Will at that time.

What can I do if someone won’t release the original Will to me and I am an executor?

If you know who has a Will, then you can issue a subpoena to have it delivered into court. There is no defence to the subpoena once issued, and it contains a penal notice so you can normally be sure that it will be complied with.

This content was originally posted as a guide to will and inheritance disputes produced by Sarah Atkinson, Ryan Taylor and Tom Dickinson for the National Will Register, which can be found here.