The only legally binding versions of legal documents, such as Wills and Powers of Attorney, are the originals. Scans, photocopies, and electronic records that lack your original signature are not legally binding. The original Will is the only Will, and it must be stored safely.
Your home is the only location where you shouldn’t store your original Will. In the event of a fire, flood, or break-in, you run the danger of losing your Will. If your Will is compromised in any manner, the courts may deem it void.
You must store your Will in a secure location, but it must be conveniently available when it is needed
There are numerous options for storing your Will. Your solicitor or executor may store it for you in their office and there may be a fee for this service. In this article, where are Wills kept, we take a look at these issues in more depth.
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How to find copies of a deceased person’s will.
Someone close to you may have passed away, and you believe they left a will, but you cannot locate one in their home.
Check to see whether you can locate a certificate of deposit, which would have been delivered to them if they instructed the Principal Registry of the Family Division to store the will.
Even if you cannot locate the Certificate of Deposit, you can still check with the Registry to see whether they have the will. If the individual passed away in a nursing home or hospital, you could check to see if they had the will with them.
You should also call the deceased person’s solicitor, accountant, or bank to determine whether they have the will.
The deceased person or their solicitor may have registered their will with a commercial organisation such as Certainty (www.certainty.co.uk), and you can pay for a search of the wills filed on the company’s database after the individual’s death.
You might also ask the company to contact local solicitors in the deceased person’s location to determine if they have a will. If you cannot locate a will, you will typically have to administer the deceased person’s estate as if they died intestate.
Obtaining a copy of the will after the grant of probate
When someone dies, the person handling their estate (such as money and property) must typically obtain permission from the Probate Service.
If a will exists, this authorization is known as a grant of probate. When probate is granted, the will is held by the Probate Service and a copy can be obtained by any member of the public.
If you want to search for the will of a recently deceased individual, you can request a standing search from the Probate Service. They will search their records to determine if a grant of probate was issued in the twelve months prior to your application, and they will continue to check for an additional six months.
They will provide you a copy of the grant and the will, if any, if a grant has been made. A charge is required. You can renew your search for an additional charge after six months. It may be prudent to wait two or three months following the death before requesting a search.
You can conduct a broad search if you wish to conduct your own search or if you wish to locate the will of someone who passed away more than twelve months ago.
A broad search of the Probate Registry will span a period of four years for a cost. If you conduct the search yourself at the Probate Registry, there is no fee, but you must pay for a copy of the award of probate and the will, if available.
Is there a recognised standard for writing a will?
In theory, a Will can be written on the back of an envelope. As it is a legally binding document however, it must meet certain requirements. It must be witnessed, signed, and dated by two independent adults. These witnesses cannot inherit anything from your will or otherwise benefit from it (although they can act as executors). Your Will should also identify your executors, who have the authority to collect your assets and distribute them in accordance with your wishes. This is known as the probate process. So long as the executor is not a witness, they are permitted to be a beneficiary of the Will. Wills vary in complexity, ranging from relatively simple to incredibly intricate. The issue that unites them is that they are all quite procedural, i.e., there is a specific procedure that must be followed for the Will to be considered legally enforceable. If you decide to make your own Will without the advice of an expert solicitor, there is a very real potential that it will be invalid or disputed. In these situations, writing a “Will” would serve no purpose.
How we can help
We have a proven track-record of advising upon all aspects of private client work. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact Our Private Client Solicitors
It is important for you to be well informed about the issues and possible implications of writing a Will. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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