Can't find the will? Courts presume the deceased destroyed it

When someone you love has died, finding their will is one of the first practical tasks that matters. Without it, nobody can be sure how the deceased wanted their estate handled – and in its absence, the law steps in with its own rules, which may not reflect those wishes at all.

Most wills are found relatively quickly: at home, with a solicitor, or in a bank’s safe custody. If those places draw a blank, there are formal routes – the Probate Registry, the National Will Register, and targeted solicitor searches – that can help track down a document even when the deceased left no obvious trail.

This guide works through each step in order, from the most likely places first to the formal search services last. It also covers what to do if the will appears to have been lost or destroyed, Scotland and Northern Ireland search routes, and the legal implications when no will can be found.

Quick answer

Who can search for a will

Before starting a search, it helps to understand who has the right to do so – and when that right changes.

Before probate is granted, a will is a private document. There is no general legal right for family members or potential beneficiaries to demand that a custodian disclose whether a will exists or hand it over. In practice, solicitors and banks will normally cooperate with close family members and named executors, but they are not legally required to do so before probate.

The person most likely to receive cooperation is a named executor – if you know you are named as executor (perhaps the deceased told you, or you found an earlier copy), say so when you contact the custodian and produce the death certificate.

After a grant of probate has been issued, the will becomes a public document. At that point, anyone at all – not just family members – can search the probate records and request a copy for £16.

Beneficiaries have a legitimate interest in knowing a will exists and in its contents, but they have no formal legal standing to compel a custodian to disclose it before probate. If a solicitor is holding the will and refuses to cooperate with someone who is clearly affected by the estate, the matter can be escalated through the Law Society or a solicitor specialising in contentious probate.

There is no difference in who can search the formal services – the National Will Register and the Probate Registry’s probate search are both open to the public.

Where to start: a practical checklist

Work through these steps in order. Most wills are found within the first three.

1. Search the home thoroughly – filing cabinets, safes, desks, document boxes, alongside insurance and pension papers. Look for a solicitor’s storage receipt or a will registration certificate, which will tell you exactly where the original is held.
2. Contact the solicitor who drafted the will – if you know the firm, call them with the death certificate. If you don’t, check the deceased’s papers for any solicitor correspondence, or search the Law Society Find a Solicitor tool by location and wills specialism. Also check previous addresses – people often stay with the solicitor they used when they first bought a house.
3. Check with their bank – some banks and building societies offer will storage. Contact the deceased’s main bank and ask directly.
4. Check any online will-writing services – if the deceased used Farewill, Co-op Legal Services, Beyond, or a similar platform, search their email for a confirmation from that provider. Contact the service with a death certificate.
5. Search the probate records – if probate has already been granted, the will is a public document. Search free at gov.uk/search-will-probate. Records go back to 1858. Copies cost £16.
6. Search the National Will Register – costs £65 for a register-only search, or £140 for a combined search that contacts solicitors and will writers who do not use the register.
7. Place a standing search – if probate has not yet been applied for, file form PA1S with HMCTS (£3) to be notified automatically if a grant is issued.
8. Contact the SRA – if the firm that held the will has closed down, the Solicitors Regulation Authority may hold the file. Email interventionarchivefile@sra.org.uk or call 0247 633 9250.

Quick reference – where to search

Where wills are commonly kept

Start with the most likely places before turning to formal searches. The majority of wills are found at home or with a professional.

At home

Many people keep their will at home – in a filing cabinet, a desk drawer, a fire-resistant safe, or a folder with other important documents. Look alongside other legal and financial papers: deeds, insurance policies, pension documents, and bank statements. If the deceased had a home office or bureau, search it thoroughly.

Also look for a solicitor’s storage receipt or a will registration certificate. These are common when the will was professionally drafted and stored externally, and they tell you exactly where to look next.

With a solicitor

Most professionally drafted wills are held by the firm that wrote them. If you know which solicitor the deceased used, contact them directly. They will ask for a copy of the death certificate before releasing any information or documents.

If you don’t know which firm was involved, look through the deceased’s papers for letters from solicitors, receipts for legal services, or contact details in their address book or email. Banks and financial advisers sometimes hold this information too.

With a bank

Some banks and building societies offer will storage as part of their account services. Contact the deceased’s banks and ask whether they hold a will on their records. Most institutions are cooperative when you provide a death certificate.

With an online will service

A growing number of people now write their wills using online platforms such as Farewill, Co-op Legal Services, or Beyond. How these services store documents varies significantly.

Some providers hold the original will on behalf of the customer and will release it to executors after death on production of a death certificate. Others – particularly lower-cost or self-service platforms – produce the document for the customer to print, sign, witness, and store themselves. In the latter case, the original is likely to be at the deceased’s home or with a named custodian.

If you know the deceased used an online service, check their email inbox for confirmation messages from that provider. Most will-writing services send a confirmation email when an account is created. Contact the provider directly with a copy of the death certificate and ask what they hold. Remember that a digital copy of a will cannot substitute for the original when applying for probate – the original, signed document is what the Probate Registry requires (though in exceptional circumstances a court can admit a copy; see below).

Digital storage only

A small number of wills are stored digitally in scanning or document storage services. If the deceased mentions an online storage account in their papers, check there for a scanned copy – it may tell you where the original is held. A valid will in England and Wales must be a physical document, signed and witnessed. A scan is useful for locating the original but has no independent legal effect.

Check with their solicitor

If the will was professionally drafted, there is a good chance the drafting firm still holds the original. Solicitors routinely offer will storage for clients – sometimes free, sometimes for a modest annual fee. Even if the original was handed to the client, the firm will hold a copy on its file.

When writing or calling a solicitor, explain that the person has died and ask whether the firm holds their will. Provide the deceased’s full name, date of birth, and date of death. Most firms will check their records and respond promptly.

If you don’t know which firm to contact, the Law Society’s Find a Solicitor tool lets you search by location and filter by wills and probate specialism. Bear in mind that people sometimes use a solicitor near where they used to live rather than their most recent address – if the deceased moved house, it is worth searching in previous towns too.

Keep a log of every firm you contact and the response. If a firm confirms they hold a will, they will typically release it once you provide proof of death and confirm your identity as a named executor or beneficiary.

If the solicitor’s firm has closed down

Law firms close, merge, and are taken over – and it is quite common to discover that the firm that held a will no longer exists. When a firm closes, its client files must be transferred somewhere. There are two routes depending on how the firm closed:

Voluntary closure or merger: The firm was responsible for notifying clients and arranging transfer of their files to another practice. The Law Society’s Find a Solicitor tool may show information about successor firms. If the firm merged, the acquiring firm is likely to hold the files.

Intervention by the Solicitors Regulation Authority (SRA): If the SRA closed the firm (an “intervention”), it will have taken custody of the client files – including wills. The SRA holds over six million files from intervened firms. To retrieve a will, contact the SRA’s interventions archive team: email interventionarchivefile@sra.org.uk or call 0247 633 9250. You will need proof of identity and the name of the firm. The SRA aims to respond within 12 weeks. More information is on the SRA website.

The National Will Register

The National Will Register (nationalwillregister.co.uk) – also known as Certainty – is the UK’s main will registration and search service. It is endorsed by the Law Society and holds records of over 10.5 million wills. It can conduct targeted searches of solicitors and professional will writers across the country. If you search online for “Certainty will register” or “Certainty National Will Register”, you are looking for the same service.

What it is

The National Will Register is a private commercial service, not a government register. It is run by Certainty Ltd and endorsed by the Law Society, but registration is entirely voluntary – there is no legal requirement for solicitors or will writers to register wills with it. Many do; many do not. A search of the National Will Register is not the same as a search of any official public record.

Solicitors and will writers who subscribe register their clients’ wills on the database. The register holds over 10.5 million entries, making it a useful first port of call when the will was professionally drafted – but coverage is uneven across the sector.

Search options

Will Register Search – £65 (inc VAT) Searches the database of 10.5 million registered wills. Suitable if you believe the will was professionally registered. Results within 48 hours.

Will Search Combined – £140 (inc VAT) The most comprehensive consumer option. Searches the register, then conducts a nationwide REACH search that contacts approximately 38,000 solicitors and professional will writers across the UK who may hold wills but have not registered them on the database. The search also places a notice on the Missing Will Noticeboard. Takes up to 28 days.

Before disclosing a will’s location, the searcher must provide proof of identity and a copy of the death certificate.

Limitations

A negative result does not mean no will exists. It means no will has been found within the National Will Register’s database or (for the combined search) among the firms it contacted. If the deceased used an individual practitioner, a bank, or a small firm outside the search network, their will may still be held safely elsewhere.

Search probate records

If a grant of probate has already been issued, the will becomes a public document. Anyone can search the Probate Registry’s records and order a copy – you do not need to be a beneficiary or family member.

The official government service is at gov.uk/search-will-probate, which redirects to probatesearch.service.gov.uk. The service is free to search; copies of documents cost £16 per record.

What the tool covers

The probate search tool covers all grants of probate issued in England and Wales from 1858 to the present day – including historical estates. This makes it useful not only for recent bereavements but also for family history research or cases where a relative may have been a beneficiary of an older estate you knew nothing about.

The tool has two main sections:

• 1996 to present – fully searchable online. Enter the deceased’s name and approximate year of death. Because records are filed by the year the grant was issued (not necessarily the year of death), if you get no results try searching the following year as well. New records appear online around 14 days after the grant is issued.
• 1858 to 1996 – also searchable online. The same name and year search applies. For this older period, the underlying records are the physical index books held at HMCTS Probate; the online service gives you access to search them without visiting in person. Historical records are useful for genealogical research or for tracing older estates.

There is also a Soldiers’ Wills section for wills made by members of the armed forces before or during military service.

Important caveat: probate must have been granted

The probate search service only shows wills for which a grant of probate has been issued. If the estate has not yet gone through probate – or if the deceased’s assets were held jointly, were below the probate threshold, or the estate is still being administered – the will will not appear in the search results even if one exists. In those cases, a standing search (see below) is the right tool rather than a records search.

How to order a copy

To order a copy of a will or grant, you need to create a free account on the service. Once logged in, search for the person by name, select the relevant record, and place your order. The fee is £16 per document. You will receive an email when the document is ready to download; HMCTS aims to process orders within 10 working days, though in practice many arrive sooner.

Understanding the record types

Not every probate record contains a will. When you see search results, the record type tells you what documents are available:

• Grant and Will or Admon with Will – a will exists and can be ordered
• Administration – the estate was administered under intestacy; there is no will attached to this grant
• Probate – this label typically also indicates a will is present

If you see only an Administration record for someone you believe made a will, it may mean the will was never found, or that the estate was small enough not to require probate for the assets it contained.

What is a standing search?

If probate has not yet been applied for, a standing search lets you register an interest so you are automatically notified if it is.

A standing search is a formal request to HMCTS asking to be told if a grant of probate is issued in a given person’s name. If a probate application is made within six months of your request, you automatically receive a copy of the grant and the will.

You apply using form PA1S, available from GOV.UK. It costs £3 per name and remains active for six months – renewable for the same fee if needed.

If the will has been lost or destroyed

Not being able to find a will is not the same as the will having been deliberately destroyed. The distinction matters legally, and it is important to understand it before giving up the search.

The presumption of revocation

Under English and Welsh law, if a will was last known to be in the deceased’s own possession but cannot be found after their death, the courts apply what is called the presumption of revocation. The law assumes the deceased intentionally destroyed the will to cancel it.

This presumption does not apply if the will was held by a third party – for example, a solicitor – and has gone missing from that custodian’s records. In that case, the search should focus on tracing the firm or establishing that the document was lost without the deceased’s knowledge.

Where the presumption does apply, it can be challenged – but only with clear and persuasive evidence. Evidence that the deceased spoke about their estate as if the will were still in force, or that there was no reason to revoke it, can help rebut the presumption. The process requires a court application and specialist probate advice.

Admitting a copy to probate

In some circumstances, a copy of a will – for example, one held on a solicitor’s file – can be admitted to probate even if the original is missing. The court needs to be satisfied that:

• the will was validly executed
• it was not revoked
• the copy accurately reflects the original
• there is a credible explanation for the original’s absence

These applications are complex and require experienced legal representation. If you are in this situation, take advice from a solicitor specialising in contentious probate as soon as possible.

Deliberate destruction by a third party

If you suspect someone destroyed the will after the deceased’s death to prevent its contents from being known, that is potentially a criminal matter (in addition to a civil one). Take legal advice immediately and do not continue the estate administration until you have done so.

Handwritten (holographic) wills

You may come across a handwritten document that appears to be a will – a letter, a note, or a home-drafted document. Whether it is legally valid depends on where the deceased was domiciled.

England and Wales

In England and Wales, a handwritten will must meet exactly the same formality requirements as a typed one under the Wills Act 1837: signed by the testator, and witnessed by two independent adults who are present at the same time and who also sign the document. Beneficiaries and their spouses should not act as witnesses (though the will remains valid if they do – only the bequest to that beneficiary is forfeited).

There is no special legal category for holographic wills in England and Wales. A handwritten but unwitnessed will has no legal effect.

The one exception is for members of the armed forces on active duty and mariners at sea, who may make a “privileged will” without witnesses under section 11 of the Wills Act 1837.

Scotland

Scotland operates under different rules. Under the Requirements of Writing (Scotland) Act 1995, a will entirely handwritten and signed by the testator is legally valid without any witnesses – the only part of the UK where this applies.

If you find an unwitnessed handwritten document among the effects of someone who was domiciled in Scotland, it may well be a valid will. Take it to a Scottish solicitor for assessment rather than discarding it.

Northern Ireland

Northern Ireland follows the same rules as England and Wales under the Wills Act 1837 – a handwritten will requires the testator’s signature and two independent witnesses.

How marriage and divorce affect a will

When reviewing a will you have found, or trying to understand why no will can be found, it helps to know that marriage and divorce both have legal effects on a previously made will in England and Wales.

Marriage revokes a will

Under section 18 of the Wills Act 1837, marriage automatically revokes any will the testator had made before the marriage. This is a common reason why a will that a person is known to have made no longer has legal effect: if they married after making it, the will was revoked by operation of law.

There is one exception: if the will itself states that it was made in contemplation of marriage to a specific person, and that the testator intended the will to survive that marriage, the revocation does not apply.

The practical implication: if the deceased married after making their last known will, that will is likely invalid. The estate would fall under intestacy unless a new will was made after the marriage.

Divorce does not revoke the whole will

The position on divorce is more nuanced. Under section 18A of the Wills Act 1837, when a marriage is dissolved or annulled, the law treats the former spouse as if they had died on the date the marriage ended. This means:

• Any appointment of the former spouse as executor or trustee ceases to have effect.
• Any gift or bequest to the former spouse lapses, and that share of the estate passes as if the former spouse had predeceased the testator.

Crucially, the rest of the will remains valid. Divorce does not revoke the will as a whole – only the provisions in favour of the former spouse are affected. If the deceased divorced and made no new will, the remaining provisions of the old will still govern the estate, but gifts intended for the former spouse will pass to whoever else is named (or fall into the residue).

This is a widely misunderstood point. Many people believe they need a new will after divorce. Strictly speaking, the old will continues, but the provisions for the former spouse drop out – which may not produce the outcome the deceased would have wanted.

Scotland: specific search routes

If the deceased was domiciled in Scotland, the search process differs in important respects.

Books of Council and Session

The primary Scottish will registration system is the Books of Council and Session, held by the Registers of Scotland. Solicitors and will writers can register a will here during the testator’s lifetime. After death, a search can be carried out to check whether a will was registered. Contact Registers of Scotland at ros.gov.uk.

Scottish Courts and Tribunals Service

If a will has been presented to a court for confirmation (the Scottish equivalent of probate), the Scottish Courts and Tribunals Service holds records of it. A search can be conducted through their office.

National Records of Scotland

The National Records of Scotland holds historical wills and testaments – useful for older estates. Their online catalogue is available at nrscotland.gov.uk.

Confirmation, not probate

In Scotland, the process equivalent to probate is called confirmation. The executor applies to the Sheriff Court rather than a Probate Registry. If you are searching for a Scottish will and believe confirmation has already been granted, contact the relevant Sheriff Court for the area where the deceased lived.

The mygov.scot website (mygov.scot/finding-will) provides a current guide to all Scottish search routes.

Northern Ireland: specific search routes

Northern Ireland has its own probate system, separate from England and Wales.

Probate Office, Belfast

Current probate records for Northern Ireland are held by the Probate Office at the Royal Courts of Justice, Chichester Street, Belfast, BT1 3JF (telephone: 0300 200 7812; email: probate@courtsni.gov.uk). If a will has been admitted to probate, a copy can be obtained from this office.

For estates in Counties Fermanagh, Londonderry, or Tyrone, there is also a District Probate Registry at The Courthouse, Bishop Street, Londonderry, BT48 6PY.

Public Record Office of Northern Ireland (PRONI)

PRONI holds historical will calendars for the district probate registries of Armagh, Belfast, and Londonderry from 1858 to 1965. Digitised copy wills are available for some of this period. These are useful for older estates or genealogical research, but not for recent deaths. The PRONI database is searchable at proni.gov.uk.

What to do if you can’t find the will

If a thorough search – at home, through the Probate Registry, the National Will Register, and local solicitors – does not turn up a will, the estate will most likely be treated as if the person died intestate (without a will).

In that case, the estate is distributed according to the intestacy rules set out in the Administration of Estates Act 1925. The order of priority runs: spouse or civil partner first, then children, then other relatives in a defined sequence. If no relatives can be identified, the estate passes to the Crown.

Read our guide to intestacy rules for a full explanation of who inherits and how much.

The Bona Vacantia list

Where someone dies intestate with no known relatives, the estate is referred to the Crown as bona vacantia (literally, ownerless goods). The Bona Vacantia Division of the Government Legal Department administers these estates in England and Wales. They publish a list of unclaimed estates on the GOV.UK bona vacantia page.

Relatives have up to 12 years from the completion of estate administration to claim (with interest on money held), or up to 30 years (without interest). Claims typically require a professionally prepared family tree with supporting documentary evidence.

Missing beneficiary indemnity insurance

Even when the will has been found, there are sometimes beneficiaries who cannot be traced – an estranged relative, someone who has moved abroad, a person believed to have died but with no confirmed record. Distributing the estate while a beneficiary is unaccounted for exposes the executor personally: if the missing beneficiary later comes forward, the executor may be personally liable for their share.

Missing beneficiary indemnity insurance (also called missing beneficiary insurance) addresses this risk. A one-off premium – typically 0.5% to 1% of the net estate value – provides a policy that pays out if an untraced beneficiary subsequently proves their entitlement. The premium is paid from the estate before distribution and the policy lasts indefinitely.

Insurance will only be issued if reasonable efforts have been made to trace the beneficiary first. For smaller estates (under £350,000), a verified family tree is usually sufficient; larger or more complex estates may require a genealogist’s report. Insurers include Anglia Research and Insuristic, and most probate solicitors can arrange cover as part of estate administration.

Keep looking

Even after exhausting the obvious options, maintaining a standing search at the Probate Registry is worthwhile. Wills occasionally surface months later – found in a loft clear-out, or returned from a now-retired solicitor. The £3 search fee buys six months of automatic notification if anything is filed.

How long do you have to search?

There is no legal deadline for finding a will. Unlike some estate administration steps – such as a claim under the Inheritance Act 1975, which must normally be brought within six months of the grant of letters of administration – searching for a will has no fixed time limit.

In practice, most estates cannot be administered properly until the question of whether a will exists has been resolved. Creditors, beneficiaries, and financial institutions will all need to know who has authority to deal with the estate.

If a will surfaces after intestacy has been administered

This is one of the most difficult scenarios in estate administration. If a will turns up after the estate has already been distributed under the intestacy rules, the legal position is complicated:

• The grant of letters of administration can potentially be revoked, and a grant of probate issued instead on the basis of the will.
• Assets that have already been distributed may need to be recovered from the intestacy beneficiaries and redirected to the will’s beneficiaries.
• Where assets have been spent or can no longer be traced, recovery may be partial or impossible, and further legal proceedings may be required.

The process requires specialist probate advice. The intestacy beneficiaries cannot simply keep what they have received if the will beneficiaries can demonstrate a valid prior claim.

Deeds of variation

In some situations, where all the relevant parties agree, the outcome can be adjusted using a deed of variation. Under GOV.UK guidance, any beneficiary who inherited under a will or under intestacy can redirect their share to someone else, provided the variation is made within two years of the death and all affected parties consent. A deed of variation can be used to bring the distribution closer to what a late-discovered will would have achieved, without the need for court proceedings.

A deed of variation has potential inheritance tax and capital gains tax consequences and must be drafted carefully. Take advice from a probate solicitor before proceeding.

For practical purposes: carry out a thorough search as early as possible, place a standing search with the Probate Registry, and if nothing has been found after a few months, take legal advice before proceeding on an intestacy basis.

What to do once you find the will

Finding the will is the beginning of the administration process, not the end.

Check it is the most recent version

A person can make multiple wills during their lifetime. The most recent valid will takes precedence. Check the date on the document and look for any other wills or codicils (formal written amendments to a will) among the deceased’s papers. If you find multiple wills, the most recently signed and witnessed document governs – but if there is any ambiguity, take legal advice. If you believe a will may be invalid or does not reflect the deceased’s true wishes, see our guide on contesting a will.

Check for codicils

A codicil is a separate document that amends or adds to an existing will without replacing it. Codicils must meet the same signing and witnessing requirements as a will. If you find one alongside the will, they should be read together.

Check the basic formalities

Before proceeding, satisfy yourself that the will appears to have been properly executed:

• Is there a signature from the testator?
• Are there two witness signatures (or one in Scotland, or none if it is a wholly handwritten Scottish will)?
• Is the will dated?
• Are there any alterations – crossings-out, amendments, or insertions – that have not been initialled or separately witnessed?

Unsigned wills, undated wills, and wills with unwitnessed alterations can all present problems. If anything looks unusual, take the document to a solicitor before taking any further steps.

Store it safely

The original will must be kept safe – probate cannot be granted on a photocopy alone (though in exceptional circumstances, courts can consider it). Keep it in a secure place until you are ready to apply for probate.

Apply for probate if required

If the deceased’s estate includes property, or significant assets held in their name alone, you will almost certainly need a grant of probate to deal with those assets. See our guides on whether you need probate and how to apply for probate for the next steps. For a full overview of the role, see our guide to executor of a will – duties and responsibilities.

Keeping your own will safe

People reading this guide who have not yet stored their own will safely should act on what they have learned here. The best-drafted will is only useful if the people who need it can find it.

Practical steps:

• Tell your executor where your will is stored. This sounds obvious; a surprising number of people keep it secret.
• Consider registering it with the National Will Register (nationalwillregister.co.uk) – your solicitor can often arrange this when drafting the will.
• Store the original in a fire-resistant safe or with your solicitor. Keep a photocopy at home alongside a note of where the original is held.
• Review the will’s location if you change solicitor, move house, or if the person named as executor is no longer the right choice.

If you haven’t made a will yet, our guide on how to write a will walks through the full process.

Useful links

• Form PA1S – apply for a standing search (GOV.UK)
• Search probate records online (HMCTS)
• The National Will Register
• Find a solicitor – Law Society
• Bona Vacantia unclaimed estates (GOV.UK)
• Finding a will in Scotland (mygov.scot)
• Registers of Scotland
• Public Record Office of Northern Ireland
• Intestacy rules – who inherits without a will
• Do I need probate?
• How to apply for probate
• Executor of a will – duties and responsibilities
• How to write a will