What to Do When a Will Goes Missing: Steps to Find a Lost Will

When a loved one passes away, one of the most important documents their family needs is the will prepared by a will lawyer. A will outlines the deceased person’s wishes about how their assets should be distributed, and it guides the process of managing their estate. But what happens when you can’t find the original will? This situation is surprisingly common and can be a source of stress for families. Thankfully, there are several steps you can take to locate a missing will.

Let’s break down what you can do to find a lost will.

Step 1: Search the Deceased Person’s Home

The first step may seem obvious, but it’s crucial: search the deceased person’s home thoroughly for the will your will lawyer prepared. People often store their important documents in a safe place, such as a locked drawer, a personal safe, or a filing cabinet. Other times, wills might be hidden in less obvious places like under a mattress, in a book, or among other paperwork. Look for locked boxes or envelopes, and check if a key is hidden somewhere in the house that might unlock a safe.

It’s a good idea to involve family members who were close to the deceased, as they may know about a secret hiding place or a location where important documents were kept.

Step 2: Check with the Deceased’s Will Lawyer or Solicitor

Many people draft their wills with the help of a will lawyer or solicitor, and it’s common practice for the lawyer to keep the original will for safekeeping. If you know the deceased worked with a particular legal professional, contact them to see if they have the will in their custody. Even if they don’t have the original, they might have a copy or information about where the will was stored.

If the deceased person used more than one lawyer over time, it’s important to contact all of them. Wills can be updated or rewritten, and a different lawyer may have handled a more recent version.

Step 3: Contact Banks and Financial Institutions

Sometimes, people store their will in a safety deposit box at a bank or other financial institution. If you believe the deceased had such a box, contact the bank to inquire about its contents. In most cases, you’ll need to provide proof of death and show that you are the executor or a close relative to gain access. The bank may have specific rules for releasing the contents of the box, so be prepared to follow their procedures carefully.

Step 4: Speak to the Witnesses

Every will must be signed by witnesses to be legally valid. If you know who the witnesses were, they might have information about where the will was stored. Sometimes, witnesses are provided with a copy of the will or may have been told where the original was kept. Reaching out to them can help narrow down the search.

Step 5: Check with the Public Trustee or Other Authorities

Sometimes, people choose to store their will with the Public Trustee, a government office that helps manage estates and other legal matters. Contact the Public Trustee in your area to see if they have the will on file. Some alternatives might include checking with probate courts or registries that may offer will storage services.

Step 6: Ask Family and Friends

It’s possible that a close family member or friend was entrusted with the original will for safekeeping. If the will doesn’t turn up through the formal channels, ask around within the family. The deceased may have told someone about the will’s location or even given them a copy for safekeeping.

What Happens if You Can’t Find the Will?

If you’ve followed all of these steps and still can’t find the original will, all is not lost. You may still be able to present a copy to the court or, if no copy exists, ask the court to reconstruct the will based on available evidence, such as the testator’s known intentions or statements made to family members.

While losing a will can be stressful, there are many ways to locate it. By following these steps, you can increase your chances of finding the will and ensuring that the deceased person’s wishes are carried out. If the will still can’t be found, consulting with a will lawyer on the Sunshine Coast or Brisbane is the best course of action to understand your next steps and how the estate can be administered.

Life Law Solutions are Will lawyers on the Sunshine Coast, Brisbane and Hervey Bay. Book an appointment today.