A will records what you want to happen to your estate after your death. It can determine who inherits your property, savings and personal belongings, as well as who should be responsible for administering your estate. If you cannot find your will or discover that the solicitor who prepared it has closed, it is understandable to be concerned about whether your wishes are still protected.
The good news is that a solicitor closing their practice does not automatically invalidate a will. However, it is important to establish where the original document is held and whether it can be located when it is needed.
For people across Lancashire, understanding the steps to take can help avoid unnecessary worry and reduce the risk of complications for family members in the future.
What should you do if you cannot find your will?
If you know you made a will but cannot find the original document, start by establishing where it might have been stored.
Consider the following steps:
- Check your paperwork: Look through home filing cabinets, document folders, safes and other places where you keep important legal documents.
- Contact the solicitor who prepared it: If the firm is still operating, ask whether it holds the original will or has a record of where it was transferred.
- Check with family members: Someone you trust may know where the document is kept, particularly if you discussed your arrangements with them.
- Look for correspondence: Letters, emails and invoices from the solicitor may help establish when the will was prepared and whether storage arrangements were made.
If you used a solicitor who has since retired, died or closed their business, do not assume that the will has been lost. There may be a successor firm, another solicitor holding the documents or an arrangement for the safe transfer of client files.
The important thing is to establish what happened to the original document before deciding whether a replacement will is necessary.
What happens if your solicitor has closed down?
When a solicitor’s practice closes, client documents may be transferred to another firm or dealt with through arrangements made for the closure. The precise process depends on the circumstances.
Solicitors regulated by the Solicitors Regulation Authority (SRA) operate within a regulatory framework that provides protections for clients. If a firm closes or the SRA intervenes in its practice, arrangements may be made to safeguard client files and documents.
However, you should not assume that another firm automatically holds your will. You may need to establish which firm took responsibility for the records or contact the SRA for guidance.
If you are unsure where to begin, read our guide explaining what happens to wills when a solicitor closes down. It explains the protections that may apply when a solicitor’s practice closes and what can happen to wills held by the firm.
Once you have established who holds your will, ask them to confirm that the original document is safely stored and that their records contain the correct details.
Does a missing will mean it is no longer valid?
Not necessarily. A missing will and an invalid will are two different things.
A will may have been correctly prepared and signed but subsequently become difficult to locate. Its absence does not automatically mean that it was invalid when it was made.
However, the circumstances in which the will went missing can matter. For example, if the deceased person kept the original will themselves and it cannot be found after their death, there may be a question about whether they deliberately destroyed it to revoke it.
In certain circumstances, the law may presume that a will was revoked if it was last known to be in the deceased person’s possession and cannot be found after their death. That presumption is not necessarily conclusive, and evidence may be available to establish what happened.
If a will cannot be located after someone has died, the executor or family should seek appropriate legal advice before assuming that the estate must be dealt with as though no will existed.
Where no valid will can be established, the estate may need to be distributed under the rules of intestacy. These rules determine who inherits and may produce a different outcome from the deceased person’s intentions.
Can you make a new will if the original cannot be found?
You may be able to make a new will, but the right approach depends on your circumstances.
If you are alive and have the mental capacity to make a will, you can generally prepare a new one to reflect your current wishes. A properly drafted new will should deal clearly with any earlier wills and be executed in accordance with the legal requirements.
Before doing so, it is worth investigating whether the original can be recovered. Making another will without understanding the position could create confusion about which document represents your final wishes.
If the original will belonged to someone who has died, the situation is different. A family member cannot simply create a replacement on that person’s behalf. The executor or potential beneficiaries may need legal advice about locating the document, establishing its contents or dealing with the estate if no valid will can be proved.
If you need help preparing or updating your own will, our will-writing service in Lancashire can help you understand the process and ensure that your wishes are properly documented.
How can you protect your will for the future?
Once you have made a will, taking a few practical steps can make it easier for your executors and family to locate it when the time comes.
- Keep the original document secure. Store your will somewhere safe and ensure that the person or firm responsible for holding it can confirm its location. Avoid making handwritten alterations to the signed original, as these may create legal complications.
- Tell someone you trust where it is held. You do not necessarily need to disclose the contents of your will, but it is sensible for an appropriate person to know how to locate it.
- Keep your details up to date. If you move house, change your name or update your will, make sure relevant records reflect the changes. If a solicitor holds the original, confirm that the firm has your current contact details.
- Review your will after major life changes. Marriage, divorce, the birth of a child, buying property or a significant change in your finances may affect your estate planning. Marriage generally revokes an existing will unless an exception applies, while divorce can affect provisions relating to a former spouse. Legal advice can help you decide whether an update is necessary.
- Consider your wider arrangements. A will deals with what happens to your estate after death. A Lasting Power of Attorney serves a different purpose, allowing you to appoint people to make certain decisions on your behalf if you lose the mental capacity to make them yourself.
If you want to plan for both situations, you can find out more about our Lasting Power of Attorney service.
Why does using a solicitor matter when making a will?
Will-writing services vary in the level of professional oversight and protection they provide. A will must meet legal requirements to be valid, and errors involving its wording, signing or witnessing can create difficulties later.
A solicitor can help you consider issues that might otherwise be overlooked, including how your estate should be divided, who should act as executor, how children should be provided for and whether your circumstances require more detailed planning.
Professional advice can also help ensure that the document reflects your intentions clearly and that appropriate arrangements are made for storing the original.
For Lancashire residents, working with a solicitor can provide an opportunity to discuss individual circumstances and receive guidance tailored to their needs, rather than relying solely on a generic template.
Need advice about a lost will in Lancashire?
Discovering that your will cannot be found, or that the solicitor who prepared it has closed, can raise important questions about your future arrangements. The first step is to establish whether the original document is held elsewhere and what options are available if it cannot be located.
At Marley Solicitors, we help people across Lancashire with will-writing and related legal matters. Whether you need to prepare a new will, update an existing document or understand your options when a will is missing, seeking advice can help you take the appropriate next steps.
To discuss preparing or updating your will, visit our will-writing service page or contact Marley Solicitors on 01772 282600.
Taking action now can help ensure that your wishes are clearly recorded and that the people responsible for administering your estate know where to find the necessary documents.