How to Find a Will of a Deceased Person in the UK

Locating the will of a deceased person is one of the first and most important steps when dealing with someone’s estate after they pass away. It can feel overwhelming during an already difficult time, but with a clear, step-by-step approach, you can navigate the process efficiently.

If the deceased passed away after 1858, you can search for their probate record through the government’s online probate search service. This covers all Grants of Probate and Letters of Administration issued in England and Wales, and it’s often the best starting point when you’re unsure whether a will exists.

In this guide, we’ll walk you through the various channels available to search for a will — from personal searches at the deceased’s home to official channels like the Probate Registry and the National Will Register — so you have a clear understanding of every step involved.

Key Takeaways

• Search for probate records online through the government’s probate search service if the person died after 1858.
• Understand the different channels available to locate a deceased person’s will in England and Wales.
• Check with family members, the deceased’s solicitor, and their home before moving to official channels.
• Use the Probate Registry and the National Will Register to broaden your search.
• Once a will is found, it must be submitted to the Probate Registry as part of the application for a Grant of Probate.

Understanding the Basics of Wills

Before you begin searching, it helps to understand exactly what a will is, why it matters, and the different types recognised under English and Welsh law. This foundational knowledge will make the rest of the process much clearer.

What is a Will?

A will — formally known as a “last will and testament” — is a legal document in which a person (the testator) sets out how they want their estate to be distributed after their death. It typically covers who inherits their assets, who should act as executor to administer the estate, who should be appointed as guardian for any minor children, and any specific wishes regarding funeral arrangements. A valid will must comply with the requirements of English law: it must be in writing, signed by the testator in the presence of two witnesses, and those witnesses must also sign. Without meeting these requirements, the will may be deemed invalid.

Importance of Having a Will

Having a will is crucial because it ensures a person’s wishes are respected and legally carried out. Without a valid will, the estate is distributed according to the intestacy rules — a rigid set of rules under English law that dictate who inherits, based entirely on family relationships. Under intestacy, a spouse or civil partner may not inherit everything, unmarried partners receive nothing regardless of how long they lived together, and close friends or charities the deceased cared about are excluded entirely.

Key benefits of having a will include:

• Ensuring your assets are distributed exactly as you wish
• Appointing guardians for minor children, rather than leaving this decision to the courts
• Choosing your own executors to administer the estate
• Reducing the burden on your loved ones during an already difficult time
• Minimising the potential for family disputes — which can be lengthy, costly, and emotionally damaging

Types of Wills in the UK

English and Welsh law recognises several types of wills, each suited to different circumstances:

1. Simple Wills: Straightforward documents that set out how assets should be distributed and who the executors are. Suitable for people with uncomplicated estates.
2. Trust Wills: These include trust provisions within the will itself — for example, a discretionary trust or an interest in possession trust that takes effect on death. Discretionary will trusts give trustees absolute discretion over how and when to distribute assets to beneficiaries, meaning no beneficiary has an automatic right to the trust property. Interest in possession will trusts are commonly used to allow a surviving spouse to remain in the family home for their lifetime, with the property ultimately passing to children — protecting against sideways disinheritance (where assets pass to a new partner rather than your children). Trust wills can also form part of a broader inheritance tax planning strategy.
3. Advance Decisions to Refuse Treatment (ADRTs): While not technically a will, these are sometimes confused with wills. An ADRT sets out a person’s wishes regarding medical treatment in situations where they lose capacity to communicate. A separate health and welfare Lasting Power of Attorney (LPA) is the instrument that allows a chosen person to make healthcare decisions on your behalf.

Where to Start Your Search

When a loved one passes away, locating their will is a priority for the family. The initial steps can feel daunting, but by following a systematic approach, you can significantly increase your chances of finding it quickly.

Check with Family Members

The simplest starting point is to have an open conversation with close family members. They may already know the will exists, where it’s kept, or even hold a copy themselves. It’s common for family members to be named as executors, and the deceased may have told them about their estate plans. Even if no one has a copy, family members may recall the name of the solicitor the deceased used, which can lead you directly to the original document.

Visit the Deceased’s Home

Conducting a thorough search of the deceased’s home is an essential next step. Look in obvious places first — filing cabinets, desks, drawers, safes, and lockboxes. Wills are often stored alongside other important documents such as property deeds, insurance policies, pension correspondence, and bank statements. Don’t overlook less obvious locations: some people keep important documents in wardrobes, under mattresses, or in boxes in the loft.

Contacting Solicitors or Legal Advisors

If the deceased used a solicitor, contact them as a matter of priority. Solicitors routinely store original wills in their secure storage facilities, often for free or for a small annual charge. If you don’t know which solicitor the deceased used, check bank statements for payments to any legal practice — this can often reveal the connection. The solicitor will usually release the original will to the named executor upon production of the death certificate and proof of identity.

By checking with family members, visiting the deceased’s home, and contacting solicitors, you can cover the essential groundwork needed to locate a will. These steps are fundamental and should be completed before moving on to official channels.

Searching Through Official Channels

When personal searches don’t produce results, it’s time to use official channels to locate the will. These resources are specifically designed to help families track down probate records and registered wills in England and Wales.

The Probate Registry

The Probate Registry is part of HM Courts & Tribunals Service and is responsible for issuing Grants of Probate and Letters of Administration. Once a Grant has been issued, the will becomes a public document — meaning anyone can obtain a copy. This is a key resource when trying to search for a lost will of a deceased person or locate a will of a deceased loved one.

To search for a probate record, you can use the government’s free online probate search at probatesearch.service.gov.uk. This covers all grants issued in England and Wales from 1858 onwards. You will need the deceased’s full name and approximate date of death. The search will tell you whether a Grant of Probate or Letters of Administration was issued, and you can then order a copy of the will and the grant for a small fee.

If the death was recent and probate hasn’t yet been applied for, the Probate Registry won’t have a record. In that case, you can file a “standing search” — this means you’ll be automatically notified if and when a Grant is issued for that estate. A standing search lasts for six months and can be renewed.

Online Will Search Services

In addition to the Probate Registry, online will search services can help you track down a will that hasn’t yet gone through probate. The most well-known is the National Will Register (Certainty), which maintains a database of wills registered by solicitors and will-writing firms across the UK. When a solicitor drafts a will, they can register it with Certainty so it can be found after the testator’s death.

These services charge a fee for searches — typically a modest amount per search. It’s important to understand that registration is voluntary, so not all wills appear on the register. A negative result doesn’t mean no will exists — it simply means one wasn’t registered with that particular service.

For more information on checking whether probate has already been applied for, you can visit our page on how to find out if probate has been granted.

By using both the Probate Registry and online will search services, you can conduct a comprehensive search for a lost will of a deceased person and ensure you’ve explored every available avenue to locate a will of a deceased loved one.

Locating Wills through Local Authorities

While the Probate Registry and online services are the main official channels, local resources can also play a helpful role in tracking down a deceased person’s will. Understanding where to look locally and who to contact can sometimes fill gaps that broader searches miss.

District Probate Registries

Historically, some wills were deposited with local probate registries (known as district probate registries), which were attached to certain courts across England and Wales. While most probate functions are now centralised through the main Probate Registry in Birmingham (with applications processed through the Courts and Tribunals Service Centre in Harlow), some district registries still operate for certain functions and may hold older records. To find the relevant registry:

• Visit the UK Government’s court finder tool to identify the nearest district probate registry based on the deceased’s location.
• Contact the registry directly to ask about their procedure for searching will records.
• Be prepared to provide the deceased’s full name, date of death, and last known address.

Local Solicitors’ Firms

Local solicitors’ firms are often an excellent resource, particularly if the deceased lived in the same area for many years. Many people use a local solicitor to prepare their will, and the original is often stored at the firm’s offices. To approach local firms:

1. Identify solicitors’ firms in the area where the deceased lived or owned property — the Law Society’s “Find a Solicitor” tool can help with this.
2. Contact them to ask whether they acted for the deceased or hold any will on file.
3. Be prepared to provide identification and evidence of your relationship to the deceased, as firms have a duty of confidentiality.

When searching through local channels, keep detailed records of every enquiry you make — including dates, names of people you spoke with, and any information provided. This creates a paper trail that can be useful if disputes arise later or if you need to demonstrate to the Probate Registry that you’ve made reasonable efforts to locate the will.

By combining local resources such as district probate registries and solicitors’ firms with the national channels described earlier, you can significantly increase your chances of finding the will.

Engaging Professional Help

If your own searches have drawn a blank, or if the situation is legally complex, it may be time to engage professional help. A specialist solicitor or estate planning professional can provide expert advice and take the burden off your shoulders during what is already a difficult time.

When to Hire a Solicitor

You may need to instruct a solicitor if you’re unable to locate the will despite thorough searches, or if the circumstances are complicated. This is particularly important where there are potential disputes among family members or beneficiaries, where multiple documents have been found and it’s unclear which is the most recent or valid, or where the estate involves substantial assets, property, or business interests.

Some scenarios where instructing a solicitor is advisable include:

• When the will appears to be missing and there is a risk that it may have been destroyed — under English law, if the original will cannot be found and was last known to be in the testator’s possession, there is a legal presumption that it was destroyed with the intention of revoking it.
• If there are multiple wills or codicils, and it’s unclear which should take effect.
• In cases where someone wants to challenge the will’s validity — for example, on the grounds of lack of testamentary capacity, undue influence, or improper execution.

Benefits of Professional Guidance

Engaging a solicitor or specialist estate planning professional can provide several concrete benefits:

As Mike Pugh often says, “The law — like medicine — is broad. You wouldn’t want your GP doing surgery.” When it comes to estate administration, using a specialist can save significant time, cost, and family stress in the long run.

Understanding the Role of Probate

When a loved one passes away, understanding the probate process is essential — particularly because locating the will is a key part of it. Probate is the mechanism through which the legal authority to deal with the deceased’s estate is formally granted.

In England and Wales, probate refers to the legal process of applying to the Probate Registry for a Grant of Probate (where there is a will) or Letters of Administration (where there is no will, known as intestacy). This grant gives the executor or administrator the legal authority to collect the deceased’s assets, pay any debts and taxes, and distribute the estate to the beneficiaries.

What is Probate?

Probate involves the Probate Registry verifying the authenticity and validity of the will and issuing the Grant. The registry checks that the will meets the legal requirements for execution and that the named executor is entitled to act. If there are any caveats lodged (formal objections to the Grant being issued), these must be resolved before probate can proceed.

Once the Grant of Probate is issued, the executor has the legal authority to deal with the estate. This includes gathering in the deceased’s assets, paying off debts and any inheritance tax (IHT) due to HMRC, and distributing the remaining assets according to the will. It’s worth noting that during the probate process — which typically takes between 3 and 12 months for the full estate administration, and longer where property needs to be sold — all assets held in the deceased’s sole name are frozen. Banks, building societies, and other institutions will not release funds without sight of the Grant.

How It Relates to Wills

Probate is directly tied to wills because the Grant of Probate gives legal effect to the instructions contained in the will. Without obtaining the Grant, the executor cannot legally access bank accounts, sell property, or distribute assets — even if the will clearly names them as executor.

This is precisely why locating the original will is so important. The Probate Registry requires the original document — not a photocopy — to issue the Grant. If the original cannot be found, the executor may need to apply for probate using a copy of the will, which involves additional evidence (such as affidavits explaining the circumstances of the loss) and can cause significant delays. In the worst case, if no will can be found at all, the estate will be administered under the intestacy rules, which may not reflect the deceased’s wishes.

One important point that many families don’t realise: once the Grant of Probate is issued, the will becomes a public document. Anyone can obtain a copy from the Probate Registry for a small fee. This lack of privacy is one reason why some people choose to use lifetime trusts alongside their will — assets held within a trust bypass probate delays entirely, and the trust deed remains a private document that is never disclosed to the public.

Searching Online for Wills

Searching for a will online can be a practical and efficient step, particularly when you’ve exhausted personal contacts and local searches. Several online resources exist specifically to help families in England and Wales locate wills and probate records.

Websites to Consider

Several websites offer will search and probate record services. These include:

• Gov.uk Probate Search (probatesearch.service.gov.uk) — the free government service that allows you to search for Grants of Probate and Letters of Administration issued in England and Wales from 1858 onwards. You can order copies of the will and grant online.
• The National Will Register (Certainty) — a comprehensive database where solicitors and will-writing firms register wills they have drafted. A search can reveal whether a will was registered and which firm holds it.
• Ancestry, FindMyPast, and similar genealogy websites — useful for tracing older or historical wills, particularly for more distant relatives. These often include digitised probate records.

When using these services, it’s essential to understand their coverage and any associated costs before proceeding.

Cautions When Using Online Services

While online will search services can be genuinely useful, there are several important cautions to keep in mind:

1. Verify the authenticity of any information found online — ensure you’re using official or well-established services.
2. Be aware of potential scams or fraudulent services that may charge high fees for information that is available cheaply or free through official channels.
3. Understand the terms and conditions of any service, including fees and what you’ll actually receive.

It’s also important to understand that not all wills are registered online. Registration with the National Will Register is voluntary — many solicitors do register their clients’ wills, but there is no legal requirement to do so. A negative search result therefore doesn’t mean a will doesn’t exist; it simply means one wasn’t registered with that service.

Here’s a comparison of the main online will search options:

Investigating Personal Records

If official channels and online searches haven’t turned up the will, it’s time to dig deeper into the deceased’s personal and financial records. These documents can provide crucial clues about whether a will exists and who might be holding it.

Bank Statements and Financial Documents

Start by gathering bank statements and financial documents belonging to the deceased. These records can reveal important connections to solicitors or legal practices.

• Check for any payments made to solicitors’ firms — even small annual storage fees can indicate where a will is held.
• Look for correspondence or transactions related to estate planning, such as payments for will-writing services or trust setup.
• Check whether the deceased rented a safe deposit box at a bank — wills are sometimes stored in these.

Digital Accounts and Services

In today’s digital world, many people keep important documents and communications online. Investigating the deceased’s digital footprint can yield important information about their will.

Key areas to focus on:

1. Email accounts — search for correspondence with solicitors, will-writing services, or estate planning firms.
2. Online banking portals — look for payments or standing orders to legal practices.
3. Cloud storage services such as Google Drive, Dropbox, or iCloud — some people store scanned copies of important documents online.

When accessing digital accounts, be aware that you’ll generally need legal authority to do so. As executor (if named in a found will) or as the next of kin applying for Letters of Administration, you may need to provide a death certificate and proof of your legal authority to the service provider. Some digital platforms have specific “deceased user” processes — Google, for example, has an Inactive Account Manager feature, and Apple has a Digital Legacy programme.

Considering Unconventional Legal Documents

The search for a will can sometimes lead to unexpected discoveries, including unconventional documents that may serve as alternatives to a traditional formally-executed will. When trying to locate a will after death, it’s worth being aware of all the possibilities under English and Welsh law.

Types of Informal Wills

While formal, properly witnessed wills are the standard, English law does recognise certain informal wills in specific circumstances. These can include:

• Handwritten (holograph) wills: A will written entirely by hand can be valid in England and Wales, provided it was signed by the testator and witnessed by two people. Unlike in some other jurisdictions (such as Scotland, where a holograph will can be valid without witnesses), simply being handwritten does not remove the witnessing requirement under English law.
• Privileged wills: Members of the armed forces on active military service and mariners at sea can make valid wills without the usual formalities — these can be oral or written without witnesses. This is a narrow exception that doesn’t apply to the general public.
• Documents found on unconventional materials: Courts have occasionally considered wills written on unusual items, but they must still meet the basic legal requirements for execution to be valid.

It’s essential to understand that English law takes the formalities of will execution seriously. Unsigned documents, letters expressing wishes that were not properly witnessed, or oral statements to family members will generally not be treated as a valid will. If you find a document that may be an informal will, seek professional legal advice immediately to assess its validity.

Investigating Whether a Trust Was in Place

Lifetime trusts are an increasingly important part of estate planning, and it’s worth investigating whether the deceased had set one up. A lifetime trust is a legal arrangement in which the settlor (the person who creates the trust) transfers assets to trustees during their lifetime. The trustees become the legal owners of those assets — but they hold and manage them for the benefit of the named beneficiaries according to the terms of the trust deed. Unlike a will, a lifetime trust takes effect immediately upon creation and operates entirely independently of the probate process.

Key aspects of lifetime trusts to be aware of:

1. Assets held within a trust are managed and distributed by the trustees according to the trust deed — this continues seamlessly after the settlor’s death, with no need to wait for a Grant of Probate.
2. Trust assets bypass probate delays entirely. While sole-name assets can be frozen for months during the probate process, trust assets remain accessible to the trustees, who can act immediately.
3. Trust deeds are private documents — unlike a will that has gone through probate, a trust deed is never made public. This gives families an additional layer of privacy.

When searching for a deceased person’s will, ask family members and the deceased’s solicitor whether a trust was also in place. If a lifetime trust exists, some or all of the deceased’s assets may be dealt with through the trust rather than the will, which could significantly affect how the estate is handled. The trust deed — not the will — would govern how those assets are distributed. England invented trust law over 800 years ago, and lifetime trusts remain one of the most effective tools for protecting family wealth, bypassing probate delays, and maintaining privacy.

Handling Found Wills

After finding a will, understanding its validity and knowing what to do next are essential steps. Getting this right ensures that the deceased’s estate is administered correctly and their wishes are respected.

What to Do Once You Find a Will

Upon locating a will, your first priority is to safeguard the original document. Do not write on it, staple or unstaple anything, or make any alterations. Then take the following steps:

• Carefully examine the document for any signs of alteration, damage, or tampering — courts take any irregularities seriously.
• Check that the will appears to be properly executed: signed by the testator and witnessed by two independent witnesses, with all signatures present.
• Check the date — if you find multiple wills, the most recent valid will generally revokes all earlier ones (most wills include a revocation clause at the beginning).
• Look for any codicils (formal amendments to the will) — these must also be properly signed and witnessed to be valid.

Understanding Its Validity

For a will to be valid under English and Welsh law, several requirements must be met. These have been established by legislation and refined by centuries of case law:

If you have any doubts about the will’s validity — for instance, if the testator was elderly or unwell when it was made, or if the will appears to have been altered — seek professional legal advice before proceeding with the probate application. Challenges to a will’s validity can be complex and are best handled by a solicitor experienced in contentious probate.

Legal Obligations After Discovering a Will

Discovering a will is just the beginning. Once located, there are important legal steps that must be followed to ensure the estate is administered properly and in accordance with the deceased’s wishes — and the law.

Reporting the Will to the Probate Registry

The executor named in the will has a duty to apply for a Grant of Probate from the Probate Registry. This is the formal process that gives the executor the legal authority to administer the estate. To do this, you’ll need to:

• Obtain the original will and any codicils (the Probate Registry requires the original, not a copy).
• Obtain the death certificate — you’ll need at least one official copy.
• Complete the probate application — this can now be done online through the government’s Apply for Probate service, or by post using the relevant forms.
• Complete and submit the inheritance tax forms to HMRC. Even if no IHT is payable (for example, if the estate is below the nil rate band of £325,000, or passes entirely to a spouse or civil partner who is exempt from IHT), the appropriate IHT form must still be submitted.
• Submit the application with the original will, death certificate, IHT forms, and the applicable court fee to the Probate Registry.

Accuracy is crucial at this stage. Errors or omissions in the application can cause delays, and the probate process already takes time — currently around 4 to 8 weeks for the Grant itself in straightforward cases, with the full estate administration typically taking 3 to 12 months or longer where property needs to be sold.

Responsibilities of the Executor

The executor named in the will takes on significant legal responsibilities. They are personally liable for the proper administration of the estate, which means getting things right matters enormously. Key responsibilities include:

It’s crucial for the executor to keep detailed records of all transactions, decisions, and communications throughout the estate administration. Executors can be held personally liable if the estate is not administered correctly — for example, if they distribute assets without first paying all debts and taxes, or without placing the required statutory notices.

If the role feels overwhelming, executors are entitled to instruct a solicitor to handle the administration on their behalf, with the costs being met from the estate. This is common and often sensible, particularly where the estate is complex or where the executor is also grieving.

Frequently Asked Questions About Finding Wills

When searching for a will, several common questions tend to arise. Having clear answers to these can save you time and help avoid common mistakes during what is already a stressful period.

Misconceptions About Wills

One widespread misconception is that a will is always stored in a single, obvious location. In practice, wills can be held by a solicitor, stored at a bank, kept in a home safe, or even deposited at the Probate Registry for safekeeping (a service that used to be available but has since been discontinued — wills already held will still be returned upon request). Another common misunderstanding is that you need to be a named beneficiary to search for a will — in fact, once a Grant of Probate has been issued, the will is a public document and anyone can request a copy from the Probate Registry for a small fee.

A further misconception is that a will covers everything. If the deceased had set up a lifetime trust, the assets held within that trust are governed by the trust deed and are entirely separate from the will. This is why it’s always worth asking the deceased’s solicitor whether any trusts were also in place.

Tips for a Successful Search

To locate a deceased person’s will efficiently, follow these practical tips: Start by asking family members and the deceased’s solicitor. Check the deceased’s home thoroughly — safes, filing cabinets, and anywhere they stored important documents. Search the government’s online probate records and consider using the National Will Register. Check bank statements for payments to solicitors’ firms. If all else fails, file a standing search with the Probate Registry so you’ll be notified when a Grant is issued. And if the situation is complex, don’t hesitate to instruct a solicitor — the cost of professional guidance is almost always worth it to avoid mistakes that could prove far more expensive.

Plan, don’t panic. A systematic approach will get you there.