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Missing Will

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  • Missing Will

    I have recently lost a very good friend, who always confided in me, he was like a brother and we shared many interests. A number of years ago we discussed some rather morbid, but real life & death things. He asked me if I could be included as a representative in his will, not as a beneficiary (I don't think), but to enact some of his wishes when the day arrived. He was given all of my personal details, address etc and to record this.

    I 1000% believe that he acted on this and filled a will with a solicitor. Sadly just 12 months later he passed away. His surviving spouse has stated that she couldn’t find a copy of the will, which again I’m very confident was filled and has applied for probate.

    Q: Are all filled wills (regardless of with which legal representative) recorded on some central register?

    I do not wish to cause upset to the spouse, but I would like to enact my late friends wishes (within reason).

    VMT in advance for any advice that can given.
    Tags: None

  • #2
    Sorry, but the answer to yiur question is that there is no such register.

    If you have no expectations under your friend's estate, play it softly. You might ask if local solicitors have been contacted.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      You have several near misunderstandings of how this works.
      A client goes to a solicitor and asks him to draft and prepare his will. The will when executed can be taken by the client or left with the solicitor for safe keeping. There is no effective way of filing will before a death - no central register.
      After the death the executor is / are identified from the will and contacted and apply to the court for probate submitting the original will with their oath. The oath is a promise to carry out the wishes of the deceased as required of them
      There is a system for checking when such applications are made. This allows you to object to such an application if you wish.
      If the request for probate is granted, the will then becomes public and anybody can apply for a copy.
      I hope tis gives you a background to answer your questions.

      Comment


      • #4
        There is the National Will Register, (https://www.nationalwillregister.co.uk/) but not every will is included and it costs to search it with no guarantee of success.
        There are mixed reviews.

        Law Society comments here: https://www.lawsociety.org.uk/member...fers/certainty

        Comment


        • #5
          Thank you both for your responses, it seems that unless the spouse ‘remembers’ where or with whom the will sits for safekeeping, it shall remain unread by all forever and a day. If the solicitor is never informed of a death, then no will can ever be enacted, it will be all dealt with as if my friend passed intestate (If I understand correctly).

          I don’t have any expectations to benefit, other than to dispose of some assets (a very large collection of high value collectables) for the benefit of the surviving spouse, and so do understand that a gentle approach would be best, or leave it entirely.

          It hurts that I cannot carry out my friends wishes, but the surviving spouse will hurt more, pain is felt only by the living.

          Comment

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