Home / The Rix & Kay Blog / “I think we’ve lost the Will…” A Step-by-Step Guide to Obtaining Probate When the Will Has Been Lost
Emily Evans

Paralegal - Brighton & Hove

16th December 2024

It is more common than expected for Wills to go missing. After all, a Will can just be a couple of sheets of paper! Fortunately, if you realise this during your lifetime, there is time to draw up a new Will and store it safely.

However, if a loved one has recently passed away and the Will cannot be found, or if you were in possession of their Will but it has been misplaced since, this article will guide you through the steps to handle the situation.

Step 1: Stay Calm and Search Thoroughly

The most important thing to remember is not to panic.

Begin by conducting a thorough search of the deceased’s property and belongings.

Keep your eyes peeled for a paper trail of documents, such as letters from a solicitor or a storage receipt, that might provide clues on where the Will was stored.

Common places where Wills are kept include solicitors’ offices (often in secure “strong rooms”), Will storage facilities, home safes, or even unexpected spots like the back of a sofa.

So, make sure you check every nook and cranny!

Step 2: Evidence in Support of Your Application

You will need to provide details of the last known location of the Will to establish its journey to being lost in support of your application. This will involve providing evidence such as correspondence or records from a solicitor’s office or any other facility where the Will was likely stored.

If you were the person holding the Will and it has been misplaced, it’s essential to gather evidence about where the Will was last kept and how it has become lost in your possession.

Should you feel uncertain about the Will’s whereabouts from the outset, a helpful step is to conduct an official search. Several online providers offer this service, with The National Will Register being the preferred provider recognised by The Law Society.

Once you’ve completed the search, be sure to keep the report as this can serve as important evidence in supporting your application.

Step 3: Proving a Copy of the Will

If you have a copy of the Will, and the original is lost, your solicitor can help prove the copy under Rule 54 of the Non-Contentious Probate Rules 1987. This will include preparing a Statement of Truth by the Executor(s) of the Will.

Step 4: Receiving the Grant of Probate

When a copy of the Will is admitted to probate, the Grant of Probate will include the wording ‘limited until proven thereof’ which, in simple terms, means that the Grant is limited until a later version or the original Will is found which should then be admitted to probate. The Grant of Probate will not be limited in any other respects and will operate as though the original Will had been admitted to probate.

Losing a Will can feel overwhelming, especially during an already challenging time. However, with the right steps and guidance, it is possible to navigate the process and ensure the estate is administered in line with the deceased’s wishes.

Thorough searches, evidence gathering, and legal advice are key to overcoming this hurdle. If you’re facing this situation, remember you’re not alone.

Need Specialised Advice?

At Rix & Kay our experienced Private Client team of solicitors who specialise in dealing with the administration of estates can provide the support you need to resolve matters effectively and compassionately.

You can reach a member of our team via email or call us on 01825 761555 today for any matters relating to the administration of an estate.