Q&A I cannot find Mum’s Will. What can I do?

Q.       My mum has recently passed away. She had always told me that she had made a Will leaving the majority of her estate to me, however my siblings are adamant that there is no Will so we will all be receiving an equal share. What can I do about this?

A.       We are sorry to hear about the recent passing of your mother and appreciate that your concerns are likely to make these circumstances harder. There are a few things that you can try to get more information if you believe your mother did have a Will in place.

If you are an Executor/Administrator, the first thing you should do is have a good look through her property to see if there is any documentation that could narrow down your search. You may potentially even find a copy of the Will or correspondence from a solicitor. This may seem obvious, however some people choose to write their own Wills at home, as opposed to instructing a solicitor.

If you do not have any luck, the next thing you can try is contacting local solicitors in your area, or any other solicitors that your mother may have instructed in the past with any of her affairs. Including any previous addresses where your mother may have lived would widen the area of your search. The solicitors you contact will be able to check their records to see if they hold a Will for your mother.

Another option would be to pay a Will search company such as The National Will Register, who will be able to carry out a search on your behalf. These companies often offer a wider range of searches and will contact all solicitors in the area(s) that you specify and will hopefully help you reach a conclusion.

This question has been answered by Victoria Wilson, a Partner 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 

Victoria Wilson

Victoria Wilson

Partner

A Partner and Head of our Probate, Wills, Trusts and Tax team