Skip to main content
WUHLD
← Back to glossary

Will Search

Also known as: Searching for a Will, Lost Will Search

Definition

A will search is the process of locating a deceased person's will by checking registries, probate records, solicitors, and other potential storage locations to ensure the most recent version is found.

Conducting a thorough will search protects personal representatives from legal liability if a later will emerges after estate distribution begins.

What Does Will Search Mean?

A will search is a proactive process of locating a deceased person's will before applying for probate or distributing assets. Under the Non-Contentious Probate Rules 1987, personal representatives—executors or administrators—are personally liable if they distribute an estate incorrectly. If a later will emerges after distribution, they can be held financially responsible for losses. This legal risk makes will searches essential, not optional.

Multiple search methods exist because will registration is not compulsory in the UK. The National Will Register contains over 10.5 million registered wills but registration is voluntary. The government's probate records at gov.uk/search-will-probate provide searchable records for wills granted probate since 1858, with copies available for £1.50. Executors should also check the deceased's home, contact their solicitor or bank, and inquire with will writing services they may have used.

Sarah found her father David's 2020 will in his desk. Before applying for probate, she searched the National Will Register and discovered David had registered a 2023 will with his Manchester solicitor. The newer will included a £50,000 legacy to David's partner and established a trust for Sarah's children. Without the will search, Sarah would have distributed his £340,000 estate incorrectly, making her personally liable for the errors.

Once probate is granted, wills become public records and anyone can request a copy for £1.50. If no will can be found after thorough searching, the estate proceeds under intestacy rules.

Common Questions

"How do I search for a deceased person's will in the UK?" Check the National Will Register (over 10.5 million wills), search gov.uk/search-will-probate for wills granted probate since 1858, contact the deceased's solicitor or bank, or search their home. If probate has been granted, anyone can obtain a copy for £1.50.

"What happens if I can't find the original will?" You can apply for probate using Form PA13 if you have a copy and provide evidence the original existed but is lost. You'll need to submit an affidavit explaining the circumstances. If no will can be found, the estate proceeds under intestacy rules.

"Do all wills appear on the National Will Register?" No, will registration is not compulsory in the UK. The register holds over 10.5 million wills, but many are stored with solicitors, banks, or at home. A comprehensive will search must check multiple sources, not just one registry.

Common Misconceptions

Myth: All UK wills are automatically registered somewhere, so I can just do one online search to find it.

Reality: Will registration is entirely voluntary in the UK. While the National Will Register contains over 10.5 million wills, many are never registered. A thorough will search requires checking multiple sources—the National Will Register, government probate records, the deceased's solicitor, their bank, and their home.

Myth: If I can't find the original will, I can't use a copy for probate.

Reality: You can apply for probate with a copy if the original is lost. You must use Form PA13 and provide an affidavit explaining what happened to the original, along with evidence it existed. The probate registry can then issue a grant based on the copy.

  • National Will Register: The primary voluntary registration database containing over 10.5 million wills, used as one of the main methods for conducting will searches in the UK.
  • Probate: The legal process that cannot begin until a will search has been completed to locate the will or confirm none exists.
  • Executor: The person named in the will who has a duty to locate the will as part of their role and conduct thorough will searches.
  • Administrator: The person who may conduct will searches to confirm no will exists before applying for letters of administration under intestacy rules.
  • Grant of Probate: The legal document executors can apply for once a will is found through a will search, granting authority to administer the estate.

Need Help with Your Will?

Understanding where your will is stored and how it can be found is crucial for ensuring your wishes are followed. A will that can't be located might as well not exist—your estate would be distributed under intestacy rules instead.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.