What Happens if a Will is Lost UK?

Specialist Advice from Experienced Probate Solicitors

Losing an original Will can cause enormous worry at what is already a difficult time. Family members may be left wondering whether the deceased’s wishes can still be followed, whether Probate can go ahead and what happens if nobody can find the original document. So what happens if a will is lost in the UK?

The good news is that a lost Will does not automatically mean that the estate will be dealt with under the intestacy rules. Much depends on the circumstances, including whether a copy exists, where the original was last kept and whether there is evidence that the deceased intended to revoke it.

According to the probate solicitors here at Bonallack & Bishop, many missing Will cases can be resolved successfully. However, they often require careful investigation and, in some cases, specialist legal applications before Probate can be granted.

If you believe an original Will has been lost, it is usually important to seek legal advice as soon as possible. Early action often makes it easier to locate evidence and avoid delays in administering the estate.

Worried about a lost will? Call our highly experienced Wills and Probate Solicitors on FREEPHONE 0800 1404544 or one of our four local office numbers for FREE initial phone advice – with absolutely no strings attached.

Key Legal Principles When a Will Has Been Lost

If you only remember a few points about lost Wills, these are the most important:

• A lost Will is not automatically invalid.
• The Probate Registry will usually require the original signed Will before issuing a Grant of Probate.
• If the original Will cannot be found, it may still be possible to obtain Probate using a copy and supporting evidence.
• A missing Will does not automatically mean the estate is administered under the intestacy rules.
• If an original was last known to be in the testator’s possession and cannot be found after their death, the law may presume they intended to revoke it. However, that presumption can be challenged with appropriate evidence.
• A Will is revoked by destruction only if the testator destroyed it, or directed its destruction, with the intention of revoking it. This principle is reflected in section 20 of the Wills Act 1837.

Every case is different. The outcome depends on the available evidence, which is why specialist legal advice can be invaluable where an original Will has disappeared.
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Does a Lost Will Mean There Is No Will?

No. One of the biggest misunderstandings is that if the original Will cannot immediately be found, the estate automatically passes under the intestacy rules.  That is not necessarily correct.

Whether the deceased’s wishes can still be carried out depends on a number of factors, including:

• whether the original Will can still be found;
• whether a signed copy exists;
• where the original was last stored;
• whether there is evidence that the deceased deliberately destroyed it;
• whether the Probate Registry is prepared to accept a copy or reconstructed version.

A missing Will therefore creates a legal problem that needs investigating. It does not necessarily mean the Will has ceased to exist.
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Why Does the Original Will Matter?

In England and Wales, the Probate Registry will usually expect the original signed Will before issuing a Grant of Probate. The original provides reassurance that:

• the document was properly executed;
• it has not been altered after signing;
• it is the deceased’s final Will;
• it has not been revoked.

If the original cannot be produced, additional evidence may be required before Probate can proceed. A clear legal principle applies:

If the original Will cannot be produced, the Probate Registry may require evidence explaining what happened to it before Probate will be granted.

That does not mean Probate is impossible. It simply means further investigation may be needed.

How to Find a Lost Will

If someone has died and the original cannot be found, avoid assuming it has disappeared permanently. Many “lost” Wills are eventually located after systematic enquiries. Possible places to check include:

• The deceased’s home

Look carefully through:

• filing cabinets;
• home safes;
• locked drawers;
• important document folders;
• fireproof boxes;
• lofts and storage areas.

It is surprising how often Wills are found with insurance papers, pension documents or title deeds.

• Their solicitor

Many firms offer Will storage (The team here at Bonallack and Bishop offer free secure storage of your will – whether or not we drafted it or not). If the Will was prepared by a solicitor, ask:

• whether they drafted the Will;
• whether they retained the original;
• whether they hold a certified copy;
• whether they have records showing when the original was collected.

Even if the Will was made many years ago, the firm may still hold it or have archived records.

• Banks or professional storage

Some people store important documents:

• in a bank safe deposit facility;
• with accountants;
• with professional Will storage companies;
• with trust corporations.

Family members are not always aware these arrangements exist.

• Executors

Sometimes the person appointed as executor was given the original Will for safekeeping. It is therefore sensible to ask every named executor whether they hold the document.

• Previous solicitors

People often move house or change solicitors over the years. If the deceased previously instructed another law firm, it is worth making enquiries there as well. Law firms frequently merge, close or change names, but archived files can often still be traced.

Is There a Lost Wills Register?

There is no single government database containing every Will made in England and Wales. However, there are private registration services which can help identify where a Will may be stored. The best known is the Certainty National Will Register, sometimes referred to as a Lost Wills Register.

A search may reveal:

• the solicitor who prepared the original document;
• where that original is stored;
• whether a registered Will exists.

It is important to understand that registration is voluntary. Many perfectly valid Wills are not registered, so a negative search does not prove there is no Will.

Nevertheless, carrying out a register search is often a sensible step where no Will can be found.
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Where Is My Will Stored?

People often ask this question after making a Will years earlier. The answer depends entirely on the arrangements made at the time.

Your original Will may be stored:

• by the solicitor who prepared it;
• at home;
• in a secure document storage facility;
• by a professional executor;
• with a trust corporation;
• in a secure personal safe.

Many solicitors, such as us, offer secure Will storage without additional annual charges, while others use specialist document storage providers.

If you are unsure where your Will is kept, contact the solicitor who prepared it. They should normally be able to confirm:

• whether they still hold the original;
• whether you collected it;
• when it was released;
• whether copies remain on file.

Knowing where your original Will is stored can save your family considerable time and expense in the future.

I Have Lost My Own Will – What Should I Do?

Discovering that you cannot find your own Will can be alarming. However, in many cases the situation is easier to resolve than people expect.

The first thing to remember is not to panic. A Will is often found in a solicitor’s secure storage, a safe place at home or with other important documents.

• Start by checking where the original may be stored

Ask yourself:

• Did I leave the original with the solicitor who prepared it?
• Have I moved house since making my Will?
• Is it stored in a safe, filing cabinet or fireproof box?
• Did I give it to an executor or family member for safekeeping?
• Have I used a professional document storage service?

If your Will was prepared by a solicitor, contact them first. They should be able to tell you whether they still hold the original or whether it was collected. In many cases, they will also have a copy of the original and records showing when it was signed.

• What if the original cannot be found?

If careful enquiries fail to locate the original Will, you should consider taking legal advice.

Whether you need to make a replacement Will, will depend on the circumstances. For example, if the solicitor still holds the original, there may be nothing more to do. If the original has genuinely been lost, however, it is often sensible to make a new Will while you still have mental capacity.

Making a new Will can remove uncertainty and reduce the risk of problems for your family after your death.

• Do not simply rely on an old copy

Many people find a photocopy or scanned version of their Will and assume that is sufficient. While a copy can sometimes help if the original is later lost, it is usually preferable to have a properly executed original Will available when the time comes.

If you have lost the original, making a new professionally prepared Will is often the safest option.

Tell Your Executors Where the Original Is Kept

One of the simplest ways to avoid future problems is to make sure your executors know where the original Will is stored. You do not need to tell them what your Will says, but it is sensible to let them know:

• who prepared it;
• where the original is stored;
• how it can be obtained after your death.

This simple step can save your family considerable time, expense and uncertainty.

Keep Your Will Under Review

Finding that your original Will has gone missing is also a good opportunity to review whether it still reflects your wishes.

You should consider updating your Will if, since it was signed, you have:

• married or entered into a civil partnership;
• divorced or dissolved a civil partnership;
• had children or grandchildren;
• bought or sold property;
• inherited substantial assets;
• started or sold a business;
• experienced significant changes in your family circumstances.

According to the private client solicitors at Bonallack & Bishop, many clients who enquire about a lost Will discover that, even if the original is eventually found, it is sensible to review the document to ensure it still reflects their current wishes and takes account of any changes in the law or their personal circumstances.

Do Solicitors Keep a Copy of Your Will?

Yes, the majority of solicitors usually do. In fact, here at Bonallack and Bishop we are happy to store will securely whether or not we originally drafted them – and unlike many organisations including banks, we do not charge anything for that service.

Most solicitors retain the following of every Will they prepare – either:

• a photocopy;
• a scanned copy; or
• an electronic copy

Many firms also keep detailed attendance notes recording:

• the instructions they received;
• discussions with the client;
• amendments requested;
• who witnessed the signing of the original document;
• where the original was stored.

These records can become extremely important if the original Will is later lost. However, every firm has its own document retention policy. If a Will was prepared many years ago, it is possible that:

• the firm has merged with another practice;
• archived records have been transferred;
• digital copies remain even if paper files have been destroyed.

According to the probate team at Bonallack & Bishop, obtaining the drafting solicitor’s file is often one of the first and most valuable steps when investigating a missing Will.
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What If I Have More Than One Copy?

Many people have several copies of their Will. For example:

• one at home;
• one with their solicitor;
• one with an executor.

That is entirely normal. However, these are usually copies of the same original document. Only the original signed Will is normally used for Probate.

If only copies remain, specialist legal advice may be needed to establish whether Probate can still proceed using that copy and supporting evidence.
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Does Having More Than One Copy Mean There Are Multiple Wills?

No, it does not. This is a common mistake. People often confuse multiple copies with multiple Wills. A single Will may exist in several photocopies or scanned versions. That does not mean there are several different Wills.

The important question is whether there was more than one signed original or whether the deceased later signed a completely new Will revoking the earlier one. This distinction can have significant legal consequences during Probate.

Lost Will? Our Probate Solicitors Can Help

If the original has gone missing, do not assume all is lost. In many cases, the position can be resolved through careful enquiries, obtaining copies from the drafting solicitor, searching Will registers or making the appropriate application to the Probate Registry.

The probate solicitors at Bonallack & Bishop regularly advise executors, beneficiaries and families where an original Will cannot be found. We can investigate what has happened, advise whether Probate can still proceed and help resolve disputes if different family members have conflicting views about the deceased’s final wishes.

What Happens if a Solicitor Loses the Original Will?

If your solicitor has lost the original Will, it does not necessarily mean the estate must be administered under the intestacy rules. It is uncommon, but occasionally a solicitor or Will storage provider discovers that an original Will cannot be located.

This can happen for a variety of reasons, including:

• administrative errors;
• office moves;
• archive problems;
• accidental destruction;
• damage caused by fire or flooding;
• historic record-keeping failures.

If you believe a solicitor has lost an original Will, do not assume the estate must be administered under the intestacy rules.

The first step is to establish exactly what has happened.

Questions that should be answered include:

• Did the solicitor actually retain the original Will?
• Was it later collected by the client?
• Is there a signed receipt showing it was returned?
• Does the solicitor have a scanned copy?
• Are there attendance notes confirming the Will’s contents?
• Is there evidence of a later Will?

The answers to these questions often determine the next steps.

According to the probate solicitors at Bonallack & Bishop, obtaining the solicitor’s complete file is often one of the most important stages of investigating a missing Will.

What Happens if the Solicitor Was Responsible?

If a solicitor accepted responsibility for storing the original Will and it has genuinely been lost, there may be professional consequences for the firm. However, that is separate from the Probate process.

The immediate priority is usually to establish whether the deceased’s wishes can still be carried out.

If sufficient evidence exists of the contents of the Will, it may still be possible to apply for Probate using a copy together with supporting witness evidence and an explanation of why the original cannot be produced.

Only after the estate has been administered is it normally appropriate to consider whether anyone has suffered financial loss because of the missing Will and whether there may be the possibility of compensation arising from any solicitors’ error.
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What Happens if the Probate Registry Has Lost the Original Will?

This is extremely unusual but can occasionally happen after an original Will has been lodged with the Probate Registry. If this does occur, the Registry will usually investigate its own records and procedures.

The fact that the Probate Registry has lost a Will does not mean the estate automatically becomes intestate. The court may instead consider:

• copies already held;
• scanned images;
• previous Probate papers;
• evidence from the drafting solicitor;
• witness statements;
• any electronic records.

The objective remains the same:

The court aims to administer the estate in accordance with the deceased’s true testamentary intentions wherever the available evidence allows.
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What Happens if a Will Has Been Destroyed?

This depends entirely on how and why the Will was destroyed. The legal outcome may be very different in each situation. For example:

• The Will was accidentally destroyed

Examples include:

• house fires;
• floods;
• accidental shredding;
• documents damaged beyond repair.

If reliable evidence exists that the destruction was accidental, the court may still allow Probate using a copy or reconstructed Will.

• Someone else destroyed the Will

Occasionally family members discover that another person has deliberately destroyed a Will.

That does not necessarily revoke it.

A person cannot usually revoke another person’s Will simply by destroying the document.

If evidence establishes the contents of the Will and the circumstances surrounding its destruction, the court may still allow Probate.

• The testator deliberately destroyed the Will

This is very different. Under section 20 of the Wills Act 1837, a Will may be revoked if the testator intentionally destroys it with the intention of revoking it. Simply tearing up or burning a Will is not enough on its own.  The destruction must be accompanied by an intention to revoke it.  This is an important legal principle.

A clear statement of the law is:

A Will is revoked by destruction only if the testator destroyed it, or directed its destruction, with the intention of revoking it.
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The Presumption of Revocation

One of the most important legal principles in lost Will cases is something lawyers call the presumption of revocation. Although the name sounds technical, the idea is fairly straightforward.

If:

• the original Will was last known to be in the possession of the deceased; and
• after their death it cannot be found,

the law may presume that the deceased deliberately destroyed the Will because they wished to revoke it.

Notice that this is only a presumption. It is not an automatic rule. The court will consider all the evidence before reaching a conclusion.
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Can the Presumption Be Rebutted?

Yes, it can. Many missing Will cases succeed because there is convincing evidence that the deceased never intended to revoke their Will.

For example:

• the deceased regularly told family members the Will remained valid;
• a house fire destroyed important documents;
• carers or relatives had access to paperwork;
• the deceased lacked capacity shortly before death;
• the deceased carefully stored important documents but the Will alone is missing;
• there is evidence that someone else removed or destroyed the Will.

Each case depends on its own facts. A useful legal principle is:

If there is sufficient evidence that a missing original Will was not intentionally revoked by the deceased, the court may admit a copy or reconstructed Will to Probate.
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Can Probate Be Granted Without the Original Will?

Yes, that may be possible. Although the original Will is normally required, Probate can sometimes be granted without it.

Applications involving a copy Will are usually more complex than ordinary Probate applications. The Probate Registry may require:

• a copy of the Will;
• witness statements;
• evidence explaining why the original is unavailable;
• evidence showing the Will was not revoked;
• information from the drafting solicitor;
• details of searches undertaken.

The legal basis for these applications is found principally within the Non-Contentious Probate Rules 1987, together with the Probate Registry’s practice and the relevant case law.

Because every case is different, obtaining specialist advice is often worthwhile before making the application.
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The Original Will Has Been Lost and the Testator Now Has Dementia

This is one of the most difficult situations families face.

Suppose someone made a valid Will many years ago. The original has now disappeared. Unfortunately, they now have dementia and no longer have the mental capacity to make a new Will or explain what happened to the original. The legal position depends on the individual circumstances.

If the person still has mental capacity, they may simply make a new Will.

However:

If the testator no longer has testamentary capacity, they cannot normally make another valid Will.

The court cannot simply recreate what relatives believe the deceased wanted. Instead, specialist advice is needed to consider the available options.

These may include:

• searching for copies;
• obtaining the solicitor’s file;
• considering whether a statutory Will application is appropriate if the person is still alive but lacks capacity;
• preserving evidence regarding the missing original.

Applications for a statutory Will are dealt with by the Court of Protection and are governed by the Mental Capacity Act 2005. These applications are specialist, often complex and require detailed evidence.
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How Many Wills Can You Have?

People are often surprised to learn there is no legal limit. You can make as many Wills during your lifetime as you wish. However, each new Will should make clear whether it revokes previous Wills. That is why most professionally drafted Wills contain wording such as:

“I revoke all former Wills and testamentary dispositions.”

This means the newest valid Will usually replaces the earlier ones.

Problems can arise where:

• several different Wills are found;
• dates are unclear;
• only copies exist;
• one Will revokes another;
• different assets are covered by different documents.

Determining which document is legally effective can sometimes require specialist Probate advice.

Examples of Common Lost Will Situations

Every lost Will case is different. The following examples illustrate how the legal principles described above might apply in practice.

• Example 1 – The Original Was Never Lost

Mrs G died aged 86. Her children searched her home but could not find her Will.

One of the children believed there was no Will and that the estate would pass under the intestacy rules.

After contacting the solicitor who had prepared the Will nearly twenty years earlier, it became clear that the original had remained in the firm’s secure storage throughout that time.

Probate was granted using the original Will and the estate was administered exactly as Mrs G intended.

Lesson: Always check with the solicitor who prepared the Will before assuming it has been lost.

• Example 2 – A Copy Will Was Accepted

Mr P kept the original Will at home. Following his death, the original could not be located despite extensive searches.

Fortunately, the solicitor still held a scanned copy together with detailed attendance notes confirming the instructions given when the Will was signed. Further evidence showed Mr P had continued referring to the Will shortly before his death and there was no indication he wished to revoke it.

The court accepted sufficient evidence existed for the estate to be administered in accordance with the copy Will.

Lesson: A missing original Will does not necessarily prevent Probate being granted.

• Example 3 – Dementia Prevented a Replacement Will

Mrs E misplaced the original of her Will several years before developing advanced dementia. By the time the document was discovered to be missing, she no longer had the mental capacity to make another Will or explain what had happened to the original.

Her family obtained specialist legal advice to investigate whether copies existed, whether the drafting solicitor retained records and whether any application to the Court of Protection was appropriate during her lifetime.

Lesson: If an original Will has been lost and someone is beginning to lose mental capacity, legal advice should be obtained as soon as possible.

• Example 4 – A Family Dispute Over a Missing Will

Following Mr T’s death, one child argued that because the original Will could not be found, it must have been deliberately destroyed. Another believed it had simply been misplaced during a house move.

The court considered all the available evidence, including witness statements, solicitor’s records and the deceased’s own comments before deciding whether the legal presumption of revocation had been rebutted.

Lesson: A missing Will does not automatically prove it was revoked. Each case depends on its own facts and evidence.

Practical Steps if You Cannot Find the Original Will

If the original document cannot be located, acting methodically usually produces the best results. A sensible approach is:

Step 1 – Search carefully

Look through:

• filing cabinets;
• safes;
• home offices;
• document wallets;
• lofts;
• boxes containing financial papers.

Step 2 – Contact the solicitor

Ask whether they:

• drafted the Will;
• still hold the original;
• hold a copy;
• have attendance notes;
• know whether the original was collected.

Step 3 – Search the National Will Register

Although not every Will is registered, a search may identify where the original is stored.

Step 4 – Speak to the executors

An executor may have been entrusted with the original document years earlier.

Step 5 – Obtain legal advice

The earlier specialist advice is obtained, the easier it often is to preserve evidence and avoid delays.
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What Happens if a Will is Lost? Common Mistakes to Avoid

Families understandably panic when a Will cannot immediately be found. However, certain mistakes can make matters worse. These include:

• Assuming there was no Will

Many missing Wills are eventually located.

• Delaying enquiries

The longer enquiries are postponed, the more difficult they can become.

Records may disappear and witnesses’ memories fade.

• Throwing away paperwork

Even apparently insignificant papers may identify:

• the drafting solicitor;
• the date the Will was signed;
• where it was stored.

• Assuming copies have no value

A photocopy may become crucial evidence if the original cannot be found.

Never destroy copies until legal advice has been obtained.

• Making assumptions about revocation

Families sometimes conclude that a missing Will must have been cancelled. That is not always correct. The legal position depends on all the available evidence.
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Why Specialist Probate Advice Matters If A Will Is Lost

Lost Will cases frequently involve far more than simply finding a document. They may involve:

• Probate procedure;
• disputed evidence;
• family disagreements;
• Court applications;
• capacity issues;
• questions about revocation;
• professional negligence;
• contentious Probate claims.

Early advice can often prevent relatively straightforward problems becoming expensive disputes.

According to the probate solicitors at Bonallack & Bishop, many cases are resolved through careful investigation long before court proceedings become necessary.

Lost Wills – How can Bonallack & Bishop help?

Missing Will cases often require both legal knowledge and practical investigation. Our probate solicitors can:

• investigate missing Wills;
• contact solicitors and storage providers;
• advise executors and beneficiaries;
• prepare Probate applications involving copy Wills;
• advise where a solicitor has lost a Will;
• deal with disputed estates;
• represent clients in contentious Probate proceedings where necessary.

Contact Our Probate Solicitors

Losing an original Will does not necessarily mean the deceased’s wishes cannot be carried out. Many missing Will cases can be resolved successfully with careful investigation and the right legal advice.

The probate solicitors at Bonallack & Bishop regularly advise executors, beneficiaries and families dealing with lost Wills, copy Wills, disputed estates and complex Probate applications.

Whether the original Will has disappeared, a solicitor cannot locate it, the deceased lacked capacity before a replacement could be signed or there is a dispute about whether the Will was revoked, we can explain your legal options and help you move matters forward.

Contact our Probate team for clear, practical advice on FREEPHONE 0800 1404544 or one of our four local office numbers.

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What Happens if a Will is Lost UK – FAQ

What happens if an original Will is lost in the UK?

A lost original Will does not automatically mean the estate is dealt with under the intestacy rules. The Probate Registry may accept a copy Will or other evidence if there is sufficient proof of its contents and that it was not revoked.

How do I find a lost Will?

Start by searching the deceased’s home, contacting the solicitor who prepared the Will, asking any executors, checking professional storage providers and considering a search of the Certainty National Will Register.

What happens if a solicitor loses the original Will?

If a solicitor loses an original Will, it may still be possible to obtain Probate using copies, witness evidence and the solicitor’s file. Depending on the circumstances, there may also be professional negligence issues.

Do solicitors keep copies of Wills?

Most solicitors retain either a scanned copy, photocopy or electronic version of Wills they prepare together with attendance notes explaining the instructions they received.

Does a photocopy of a Will have any legal value?

Yes. A photocopy cannot usually replace the original automatically, but it may provide important evidence enabling Probate to proceed.

Can Probate be granted without the original Will?

Yes. The Probate Registry can, in appropriate circumstances, admit a copy or reconstructed Will where there is sufficient evidence explaining the loss of the original and showing it was not revoked.

What happens if the person who lost their Will now has dementia?

If they still have mental capacity they may be able to make a new Will. If they no longer have capacity, specialist advice should be obtained immediately because different legal options may apply, including applications to the Court of Protection.

What happens if a Will has been destroyed?

It depends on why it was destroyed. Accidental destruction does not necessarily revoke a Will. Deliberate destruction by the testator with the intention of revoking it may revoke the Will under section 20 of the Wills Act 1837.

How many Wills can one person have?

There is no legal limit to the number of Wills a person can make during their lifetime. Usually, the most recent valid Will revokes earlier Wills unless it expressly states otherwise.