It’s stressful enough dealing with the loss of a loved one, so dealing with a missing Will makes everything so much harder. At SA Estate and Succession Lawyers, we get that. We encounter clients who can’t find their loved one’s wills far more often than you would think.
It is nice to have the original Will in case it has some guidance or directions in it about whether the deceased wanted to be buried or cremated and possibly some information about the funeral. You’ll also need to know who the executors named in the will so they can commence dealing with the Estate.
Often the Will – or at least a copy of it – is held with the deceased’s personal papers. It’s usually in that special spot the deceased kept everything important. Sometimes it’s a bit hidden – but close family often knows the spot. If it is a copy of a Will only, then the Will might have the contact details for the law firm that prepared the original. That law firm might have the original.
If you are satisfied that the copy you find is a copy of the last will (you might have heard the expression ‘last will and testament’ – that’s because the last will is the one that gets used. Each will revokes the previous Will) it will probably do initially and you can start working on the funeral. Eventually, you’ll need the original Will for Probate though (if Probate is required).
When things calm down a bit you can contact the law firm and request the original Will be released to you, assuming you are the executor in the Will. If there are numerous executors, you will all need to agree to the release of the Will. The law firm holding the Will should insist on you all verifying your identity and proving that the deceased person has died.
If you still can’t find the Will there are other options. See: “Can I get Probate on a copy Will?”