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How to Find a Lost Will for Probate in the UK

· 23 min

Note: The following scenario is fictional and used for illustration.

Margaret, 68, became executor for her brother David after he died unexpectedly from a stroke in Leeds. She knew he'd made a will six years ago, telling her everything was "all sorted." But after searching his flat twice, checking every filing cabinet, desk drawer, and safe, she found bank statements and old photos—but no will.

David's estate was worth £340,000. Under intestacy rules, his estranged wife would inherit everything. They'd never divorced, though they'd been separated for 15 years. David's partner of 15 years, Rosemary, would receive nothing—despite David's clear intention that she should inherit the house they shared.

Margaret had three weeks before the probate application deadline. The stress of grief combined with legal time pressure felt overwhelming.

According to the National Will Register, approximately 1 in 5 will searches finds a will that was presumed missing or a later will that supersedes an earlier version. Thousands of families each year face this exact situation.

This guide provides 7 systematic methods to locate a lost will in the UK, explains your legal options when the original cannot be found, and shows you how to protect your own family from this stressful situation.

Table of Contents

Why Finding the Original Will Matters for Probate

The Probate Registry requires the original will to grant probate. Copies aren't automatically valid, no matter how clear or well-preserved they are.

Under English law, if the will was last in the deceased's possession and cannot be found, there's a legal presumption the testator destroyed it with intent to revoke. This presumption exists even when everyone knows the deceased wanted the will to apply.

Without the original will or a court order proving a copy, the estate is distributed under intestacy rules as if no will existed. This happens regardless of what you know the deceased wanted.

In David's case from our opening, if the will cannot be found or proved, his £340,000 estate goes to his estranged wife under intestacy rules, not his partner Rosemary. The will's existence is irrelevant without the original or legal proof of a copy.

Over 277,000 grants of representation were issued in England and Wales in 2023. Many families face delays or complete failure of probate applications because they cannot locate the original will.

Section 9 of the Wills Act 1837 sets out the requirements for valid wills. While it doesn't explicitly require the original for probate, the common law presumption of destruction makes proving a copy legally complex and time-consuming.

Where to Search First: 7 Common Will Storage Locations

Start with systematic searching before pursuing legal procedures. Most wills are eventually found through thorough investigation.

1. The Deceased's Home

Check filing cabinets, desk drawers, fireproof safes, and anywhere they stored important documents like deeds and birth certificates. Look in bedroom closets, home offices, kitchen "important drawers," bedside tables, and locked boxes.

Search for will registration certificates. The National Will Register issues these certificates, and they contain specific location information about where the will is stored.

Don't stop after one search. House clearances, moves, and reorganization can shift documents to unexpected locations.

2. With Their Solicitor

The Law Society recommends that solicitors store original wills indefinitely or for at least 50 years from creation. Most solicitors provide free storage if they drafted the will.

Check old correspondence, emails, and bank statements for legal fees to identify which solicitor the deceased used. Contact them and ask: "Do you hold the original will for [deceased name], date of birth [DOB]?"

Solicitors must release the will to executors upon request. After death, the will becomes property of the estate, not the solicitor's property.

3. Bank Safe Deposit Box

Safe deposit boxes require probate or legal authorization to access, creating a catch-22 situation. Check bank statements for annual box rental fees to determine if the deceased had one.

Contact the bank's probate department to explain the situation. They may allow supervised access to check for a will before granting full probate.

4. With a Will Storage Company

Companies like the National Will Register and Co-op Legal Services offer professional will storage. Check the deceased's paperwork for registration certificates or annual storage fee receipts.

These services maintain detailed records and make wills readily accessible to executors after death.

5. Probate Service Will Storage

The government's Probate Service offers will storage for a £20 one-time fee when the will is made. Check probate records at probatesearch.service.gov.uk to see if the deceased used this service.

Note that this search only shows wills where probate has already been granted, not all wills stored with the service.

6. With Executors or Family Members

The deceased may have given the original to their appointed executor for safekeeping. Contact all executors named in any previous wills or discussed verbally.

Check with adult children, siblings, or trusted friends who might have been asked to hold the will temporarily.

7. Online Will Services

If the will was created with an online service like WUHLD, the company stores the original or provides clear location information. Check email for confirmation receipts or bank statements for will service payments.

Reputable online services make wills easily accessible to executors with proper authorization.

How to Use the National Will Register to Find a Lost Will

The National Will Register is the UK's will registration and will search service, with over 10.5 million wills registered. It has been operated by Advanced Legal and endorsed by The Law Society since 2006.

The Register's most important statistic: it finds 1 in 5 wills that were presumed to be missing or discovers a later will that supersedes an earlier version. This means thousands of families each year avoid intestacy through professional will searches.

Will registration is voluntary in the UK, so not all wills appear in the Register. However, most solicitors and professional will-writers register wills they create.

Types of Searches Available

Will Register Search: Checks if a specific will was registered. Use this if you have a registration certificate or believe the will was registered.

Will Search Combined: Geographically searches solicitors near three chosen postcodes. The Register contacts solicitors and will-writers in chosen areas to ask if they hold a will for the deceased.

How the Combined Search Works

Choose three postcodes: the deceased's last address, their childhood home, and where they worked longest. These are the most likely locations they'd have used a local solicitor.

The Register contacts professionals in those areas with the deceased's details, asking if they hold a will. Results typically arrive within 5-10 working days.

What Information You Need

  • Deceased's full name
  • Date of birth
  • Date of death
  • All addresses where they lived

Cost and Processing Time

Searches cost approximately £90-150 depending on search type. Results typically arrive within 5-10 working days.

Before spending money on searches, check if the deceased left a will registration certificate—a small card with a registration number. This immediately tells you where the will is stored.

Searching the Probate Registry and Public Records

The Probate Search Service is the official government service that contains all grants of representation issued in England and Wales from 1858 onwards.

This service only shows wills where probate has already been granted. If the deceased died recently and no one has applied for probate yet, the search returns no results.

Use this search when the deceased died several months ago to check if someone else already obtained probate. If David died eight months ago, Margaret should search probate records first—his estranged wife may have already applied for probate without telling the family.

Enter the deceased's full name, date of death, and last known address. The search is free online. Digital copies of the grant and will cost £1.50 each.

A "no results found" response means probate hasn't been granted yet, not that no will exists.

Timeline Context

Executors typically apply for probate within 6-12 months of death. The Probate Registry issues grants 4-8 weeks after application.

If probate was already granted under intestacy rules because no will was found, but you later locate the original will, you may need to challenge the grant. Contact a probate solicitor immediately in this situation.

The Gazette Notices

Executors must place statutory notices in The Gazette when applying for probate. These public notices can reveal probate applications in progress, even before grants are issued.

What to Do If You Find a Copy But Not the Original

Copies aren't automatically valid for probate. The law requires the original unless a court orders otherwise.

If the will was last in the testator's possession and the original is missing, there's a legal presumption it was destroyed with intent to revoke. This presumption exists even when you have a clear photocopy.

Rule 54 of Non-Contentious Probate Rules 1987

Rule 54 provides the legal procedure for proving a copy or draft will when the original is lost. The rule requires an application to a Probate Registry district judge for an order admitting the copy to proof.

Who can apply: the executor named in the copy will, or any person entitled under rule 20 of the Non-Contentious Probate Rules 1987.

The Application Process

You must submit an affidavit or witness statement explaining the will's disappearance. The affidavit must address three key areas:

Evidence the will existed after the testator's death, OR evidence to rebut the presumption of destruction if you cannot prove post-death existence.

An explanation of where you searched and why the original cannot be located.

Demonstration that no one would be prejudiced by proving the copy.

Evidence Needed to Rebut the Presumption

Testimony from witnesses who saw the will after death proves it wasn't destroyed by the testator before they died.

Evidence of where the will was stored. If a solicitor's office burned down or files were destroyed in a flood, this rebuts the presumption the testator destroyed it.

Proof the testator had no reason to revoke. If the will's provisions still reflected their wishes and they spoke positively about their beneficiaries, this suggests they didn't intentionally destroy the will.

Character evidence the testator was organized and careful with important documents. Someone who meticulously maintained financial records likely wouldn't casually destroy their will.

Example Application

If Margaret finds a photocopy of David's will in his files showing the date and signatures, she can apply under Rule 54. Her affidavit should explain:

She searched David's flat thoroughly on specific dates, checking all locations where he stored important documents.

David was organized with paperwork and kept his bank statements, property deeds, and other documents carefully filed. It's inconsistent with his character to have destroyed his will.

David spoke positively about wanting Rosemary to inherit the house they shared, showing no intention to revoke the will.

The will's provisions reflect David's stated wishes, and he had no reason to revoke it.

Processing Time and Costs

Recent applications under Rule 54 have taken 20-28 weeks to process and grant. Legal fees for solicitor assistance typically range from £2,000-£5,000 plus the £300 court fee.

Self-representation is possible but legally challenging without knowledge of probate procedures and evidence requirements.

Using Form PA13 for a Lost Will Application

Form PA13 is the official form to report that an original will is lost when you're applying for probate. You must only use this form if you're representing yourself.

If you're using a solicitor, they submit an affidavit instead. Form PA13 is designed specifically for self-represented applicants.

When to Use Form PA13

Use this form when you have a copy of the will or can reconstruct its contents, and the original cannot be found despite thorough searching.

Don't use this form if the will was revoked or if you're a probate practitioner. Professionals must provide a formal affidavit for Rule 54 applications.

What the Form Requires

Section A: Search Efforts List everywhere you searched with specific dates and locations. Be comprehensive. The more thorough your search description, the stronger your application.

Section B: Last Known Location Explain where the will was last seen or stored. If kept in the deceased's desk drawer where they stored all important documents, state this clearly.

Section C: Evidence Against Intentional Destruction Provide facts that rebut the presumption the testator destroyed the will. Include character evidence, statements about their intentions, and reasons they had no motive to revoke.

Section D: Will's Provisions Describe the will's contents in detail if proving from a copy. Include beneficiaries, specific bequests, and executor appointments.

Section E: Prejudiced Parties Name anyone who might be disadvantaged by proving the copy instead of applying intestacy rules.

Example Statement for Section C

"I searched the deceased's home on 15 March 2025 and 22 March 2025, including all drawers, filing cabinets, and storage boxes. I contacted their solicitor, Harrison & Co., who confirmed no will was stored with them. I believe the will was kept in the deceased's desk drawer where they stored all important documents, but it has been mislaid during house clearance. The deceased spoke frequently about wanting their partner to inherit the house, showing no intention to revoke the will. Their will provisions reflected these wishes, and they had no reason to change them."

Submission and Cost

Submit Form PA13 with your probate application (Form PA1P) to the relevant probate registry. Don't wait for the registry to request it—submit it with your initial application to avoid significant delays.

The cost is the standard £300 probate application fee. There's no additional fee for Form PA13.

Processing Time

Applications with Form PA13 typically take 20-28 weeks longer than standard probate applications. The district judge must review your evidence and determine whether to accept the copy.

When You Can't Find Any Will: Understanding Intestacy Rules

Intestacy means dying without a valid will. It applies when no will was ever made, when a will exists but cannot be found and cannot be proved, or when a will is invalid.

England and Wales Intestacy Rules

These rules, effective from 1 October 2014 under the Inheritance and Trustees' Powers Act 2014, determine who inherits:

If survived by spouse/civil partner AND children: The spouse receives personal chattels, £322,000 statutory legacy, and 50% of the remaining estate. Children share the other 50%.

If survived by spouse/civil partner, NO children: The spouse inherits everything.

If NOT married: The spouse or partner inherits nothing. The estate passes to blood relatives in priority order.

Priority order when no spouse: Children → Parents → Siblings → Half-siblings → Grandparents → Aunts/Uncles → Half-aunts/uncles → Crown (bona vacantia).

The surviving spouse must survive the deceased by 28 days to inherit under the survivorship rule.

Critical Exclusions Under Intestacy

Unmarried partners inherit nothing under intestacy, regardless of relationship length. Without proving David's will, his partner Rosemary receives nothing after 15 years together.

Stepchildren are excluded unless legally adopted. Friends and charities cannot inherit under intestacy rules. Specific bequests like family heirlooms are ignored—everything is divided by the intestacy formula.

Common Scenarios Where Intestacy Contradicts Intentions

Unmarried couples where the partner is excluded entirely.

Stepchildren from blended families who receive nothing.

Charitable bequests that cannot be honored.

Specific items meant for particular people that get sold and divided mathematically.

Timeframe and Who Can Apply

Intestacy administration typically takes 6-12 months. The person with priority under intestacy rules must apply: spouse first, then children, then next of kin in the priority order above.

According to the National Wills Report 2024, 42% of UK adults have never discussed their estate plans with anyone, and only 34% of parents have told their children where to find their will. Don't let your family face this uncertainty.

Probate fraud, including concealing or destroying a will, is a criminal offence in England and Wales. Courts view such conduct very seriously because it undermines the integrity of the probate system.

Fraud in connection with wills includes making false statements, destroying genuine wills, or concealing a will's existence. The penalties can include fines and imprisonment, depending on the severity of the offence.

Who Commits This Offence

Family members who hide a will because they benefit more under intestacy rules.

Executors who fail to deliver the will to the probate registry when required.

Anyone who destroys a will for personal gain.

How to Report Suspected Will Concealment

Contact the probate registry. They can issue a summons requiring production of the will.

Report to police if you have credible evidence of criminal destruction. Probate fraud is a criminal matter.

Seek legal advice from a probate solicitor specializing in contentious matters.

Remedies Available

The court can compel production of the will through subpoena.

You can apply for a caveat to prevent grant of probate until the will is located.

You can challenge a grant if it was obtained fraudulently.

Example Scenario

If Margaret suspects David's ex-wife found the original will and destroyed it to inherit under intestacy, she should immediately place a caveat to prevent a probate grant.

She should gather evidence David made a will: emails to his solicitor, witnesses who saw it, the photocopy she found. With this evidence, she should consult a contentious probate solicitor about applying under Rule 54 and potentially reporting suspected destruction to police.

Caveats Explained

A caveat is a legal notice that freezes the probate process for six months while disputes are resolved. It costs £20 to register, lasts six months, and can be renewed.

While a caveat is in force, the Probate Registry cannot issue a grant of probate or letters of administration.

Burden of Proof

Proving someone destroyed a will intentionally is difficult. You need evidence of motive and opportunity, not just suspicion.

Often wills are genuinely lost through house clearances, moves, or innocent disposal during tidying. Accusations of concealment should only be made when you have substantial evidence.

How to Prevent Your Will From Being Lost

The stress Margaret experienced is entirely preventable with proper planning.

Tell Your Executors

According to the National Wills Report 2024, 42% of UK adults haven't discussed their estate plans with anyone. Don't be part of this statistic.

Tell your executors exactly where your will is stored. Give them specific details: solicitor name and address, safe location and combination, or storage company reference number.

Use Secure Storage Options

With a solicitor: Usually free if they drafted the will. Professionally managed and secure.

Probate Service storage: £20 one-time fee. Government-run and guaranteed safe.

National Will Register: Register your will's existence and location for £30-40. Even if you store it elsewhere, registration makes it findable.

Online will service: Reputable services like WUHLD provide clear will location information and secure storage.

Bank safe deposit box: Secure but creates access problems after death. Executors need probate to access it, creating a catch-22.

At home: Only acceptable if in a fireproof safe AND executors know the exact location.

Leave Clear Instructions

Give executors a "will location card" with specific storage details. Include in the will itself: "The original of this will is stored with [name, address, reference number]."

Store the will registration certificate with other important documents. It's easier to find than the will itself and tells executors where to look.

Register Your Will

Even if you're not storing with the National Will Register, register its existence and location. For around £30-40, you create a searchable database entry.

This registration means your will can be found even if executors don't know where to look initially. Remember, 1 in 5 searches finds a will that would otherwise be lost.

Keep Your Will Updated

Review your will every 3-5 years minimum. Update it after major life events: marriage, divorce, children, property purchase, business ownership.

If you make a new will, destroy the old one completely OR mark it clearly "REVOKED by will dated [new will date]."

Make Multiple Copies

Give a copy to executors, clearly marked "COPY - Original stored at [location]."

Keep a copy with important documents at home.

Leave a copy with a trusted family member.

Copies must be clearly marked to avoid confusion with the original. Never let someone think a copy is the original.

Frequently Asked Questions

Q: How do I find out if someone made a will in the UK?

A: Search the National Will Register (10.5 million wills registered), contact the Probate Registry to check if probate has been granted, search the deceased's home and paperwork, contact their solicitor or will-writing service, and check with their bank for safe deposit boxes. The National Will Register finds 1 in 5 wills presumed missing. Start with locations where the deceased stored important documents and check for will registration certificates which show where the will is stored.

Q: What happens if the original will cannot be found?

A: If the original will was last in the deceased's possession and cannot be found, there's a legal presumption it was destroyed with intent to revoke. You can rebut this presumption and apply to prove a copy under Rule 54 of the Non-Contentious Probate Rules 1987 by providing evidence the testator didn't destroy it intentionally. This requires a formal court application with affidavit and typically takes 20-28 weeks to process.

Q: Can probate be granted with a copy of a will?

A: Yes, but only through a formal court application under Rule 54 of the Non-Contentious Probate Rules 1987. You must provide an affidavit explaining the will's disappearance, evidence it existed after death or facts that rebut the presumption of destruction, and demonstrate no one would be prejudiced by proving the copy. Processing typically takes 20-28 weeks and may require legal assistance costing £2,000-£5,000.

Q: How much does it cost to search for a will in the UK?

A: National Will Register searches cost around £90-150 depending on search type. Probate Registry searches are free online at probatesearch.service.gov.uk. If you need solicitor help to prove a lost will under Rule 54, expect £2,000-£5,000 in legal fees plus the £300 probate court fee. Self-represented applications using Form PA13 cost only the £300 probate fee but are challenging without legal knowledge.

Q: Who legally owns a will after someone dies?

A: During the testator's lifetime, the will belongs to them. After death, it becomes property of the estate. If stored with a solicitor, they must release it to executors upon request—it's not the solicitor's property. Withholding a will or failing to deliver it to the Probate Registry when required can constitute probate fraud, a criminal offence in England and Wales with potential penalties including fines and imprisonment.

Q: What is the presumption of destruction for wills?

A: If a will was last in the deceased's possession and cannot be found after death, English law presumes the testator destroyed it with intent to revoke under the common law presumption. To overcome this presumption, you must provide clear evidence the will existed after death OR credible reasons why it's missing despite the testator not destroying it (such as loss during house clearance, accidental destruction by third party, or solicitor's storage fire). The presumption can be rebutted through witness statements and circumstantial evidence.

Q: How long do solicitors keep original wills?

A: There's no statutory time limit. Most solicitors store original wills indefinitely or for at least 50 years from creation. The Law Society recommends solicitors store wills until after the client's death or until they can return the original to the client. If a solicitor's firm closes, will storage must transfer to another firm or the Law Society's centralized storage service—wills should never be destroyed just because a firm ceases trading.

Conclusion

Finding a lost will requires systematic searching and understanding your legal options.

Key takeaways:

  • Start with systematic searches: the deceased's home, their solicitor, National Will Register searches, and probate records
  • Use official Form PA13 or Rule 54 procedure if you have a copy but not the original—applications take 20-28 weeks
  • Understand the presumption of destruction: if the will was in the testator's possession and is missing, law presumes they revoked it
  • Know when to seek legal help: complex estates, suspected will destruction, or contentious family situations require specialist solicitors
  • Prevent this for your own family: tell executors where your will is, use secure storage, and register with the National Will Register

Finding a lost will is stressful, but systematic searching and understanding your legal options can resolve most situations. Whether you locate the original, prove a copy through the courts, or ultimately need to apply intestacy rules, taking action now protects the deceased's legacy and their loved ones.

Don't let your own family face this uncertainty—store your will securely, register its existence, and tell your executors exactly where to find it.

Need Help with Your Will?

Understanding how executors locate wills highlights the importance of secure storage and clear communication with your executors. When you create your will, proper storage and registration prevents your family from facing the stress and delays Margaret experienced.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) 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.

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