Q: My mum recently passed away but I’m not sure if she made a Will. My dad died a few years ago and I don’t think that he made one either. What should I do? And what happens if she did not make one?
A: Assuming that you have access to your mother’s property it would be sensible to search there first, as if she had made a Will it is likely that she would have kept a copy at home. If she was known to use a particular solicitor, you could also contact them.
If she was not known to use any particular solicitor and/or you have not been able to locate a Will with the above attempts, then you could carry out a Will search. This is a good idea even if you do locate a Will, as your mother may have prepared a more recent Will than the one you have found.
Different companies offer different types of Will searches. It would be advisable to opt for one where they perform a geographically targeted search (i.e., contact law firms and professional Will writers in a specific area) as well as searching the National Will Register, as there is no formal obligation to register a Will in the UK so one search alone would not be conclusive.
If after all this you still cannot locate a Will, your mother’s estate would need to be administered in accordance with the rules of intestacy. There is a helpful tool on the Government website to determine exactly what this means in your circumstances. However, assuming that your mother did not leave a surviving spouse, then all of her estate would pass to you (or equally between you and your siblings if you have any).
You may find it helpful to make an appointment with a solicitor who could guide you through this process.
This question has been answered by Harriet Roberts, a Solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
