What Happens if You Can’t Find a Will After a Death? What to Do in England and Wales

Last updated: 30 January 2026

If you can’t find a loved one’s Will after they die, start by searching their paperwork and contacting any solicitor or Will-writer they used. If the original still can’t be found, you may be able to proceed using a copy Will with supporting evidence, or the estate may need to be dealt with under intestacy rules. It can also help to check whether probate has already been issued and whether a Will is available through the probate record using the GOV.UK probate search service.

This guide applies to England and Wales. Different rules apply in Scotland and Northern Ireland.

 

Why the original Will matters

In most cases, the Probate Registry will usually require the original signed Will to issue a Grant of Probate. When the original cannot be located, it can slow things down and sometimes leads to additional evidence being needed.

There is also a key legal risk. If the original Will was last known to be in the deceased’s possession and cannot be found after death, there may be a presumption that it was destroyed to revoke it. That presumption can sometimes be challenged, but it usually needs clear supporting evidence, particularly if you are trying to prove a copy Will.

Step-by-step: how to find a missing Will

1) Search the obvious places first and keep a note

Start with a careful search of:

• filing cabinets, folders, drawers, safes and lockboxes
• “important documents” packs, deeds and mortgage paperwork
• bank correspondence and statements
• emails (search for terms like Will, will-writer, executor, probate, storage, LPA)
• documents held by close family members

It helps to keep a short record of what you checked and when. This can be useful if questions arise later.

2) Contact the deceased’s solicitor or will-writer

If a professional prepared the Will, they may store the original, hold a copy, or confirm whether a later Will was prepared.

If you don’t know who drafted it, look for letterheads, invoices, or emails mentioning a Will-writing service.

3) If the firm has closed, trace where the files went

If the solicitor’s firm has merged or closed, Wills and deeds may have transferred to another practice or archived storage. This is often traceable via successor firms and professional records.

If you have the name of the firm but cannot find current contact details, start by searching for the firm name plus “merged”, “acquired”, or “successor practice”.

4) Use a Will search service or Will register

Some Wills are registered, which can help locate the firm that holds the original. One option is The National Will Register.

Will registration is not compulsory, so a Will may exist even if it is not on a register.

5) Check whether probate has already been issued

If probate has been issued, you may be able to search probate records online for England and Wales and order a copy of the probate record, which may include the Will.

A new probate record will be online approximately 14 days after probate has been issued and each copy ordered online costs £16. Not all probate records include a Will, depending on the type of grant.

What to do depending on what you find

If you find the original signed Will

This is usually the simplest situation. The named executor or executors can normally apply for a Grant of Probate using the original document.

If you find a signed copy or a clear copy

You may still be able to proceed, but you might need to apply to prove a copy Will and provide evidence about:

• the searches you carried out
• when the original was last known to exist
• why it should not be treated as revoked
• confirmation that the copy reflects the final Will

If you can’t find any Will

If there is no original Will and no acceptable copy can be proved, the estate will usually be handled under intestacy rules. In some situations, it may also be necessary to check whether there was an earlier valid Will.

Can you use a copy Will for probate?

Sometimes, yes. Where the original Will is not available, there is a process to apply for an order admitting a Will contained in a copy or reconstruction to proof under Rule 54 of the Non-Contentious Probate Rules 1987.

In practice, the Probate Registry will usually want evidence covering points such as:

• the searches carried out to find the original
• when and where the Will was last known to exist
• whether the deceased was likely to have destroyed it (revoked it)
• confirmation that the copy reflects the final Will
• who would inherit if the estate were dealt with under intestacy

Because the presumption of revocation can arise, these applications often need careful preparation to reduce delays.

What happens if there is no Will?

If no valid Will can be found and a copy cannot be proved, the estate is treated as if the person died intestate.

That can have major consequences. For example:

• an unmarried partner does not automatically inherit under intestacy (read our guide on cohabiting without a Will in England and Wales)
• who inherits depends on a set legal order (spouse or civil partner, children, then other relatives)
• the outcome may not match what the deceased intended

For a fuller explanation, see our guide to the rules of intestacy.

Common delays and disputes when a Will is missing

When a Will can’t be found, estates can face:

• longer timescales before anyone has legal authority to deal with assets
• uncertainty over who should apply
• family disagreements over the deceased’s wishes
• extra paperwork and evidence requirements if attempting to prove a copy Will

How to prevent this from happening

If you’re making or updating your own Will, you can reduce the risk of it going missing by:

• storing the original securely
• telling your executors where it is kept
• keeping a clear paper trail (storage receipts, confirmation letters)
• reviewing your Will after major life events (marriage, divorce, children, moving house)

Speak to ELM about a missing Will

If you can’t find the original Will, or you only have a copy and need to move probate forward, our friendly team of experts can help you understand the next steps and what evidence may be needed.

Book a free initial meeting to discuss your situation and we can explain the options available to you.

FAQs

How do I find out if probate has been issued?

You can search probate records for England and Wales and order copies of probate records. If probate has been issued, the Will may be available as part of the probate record.

Can I apply for probate without the original Will?

Sometimes. If you have a copy (or can reconstruct the Will), you may be able to apply to prove a copy Will under Rule 54 with supporting evidence.

Why does the original Will matter so much?

If the original was last known to be held by the deceased and it cannot be found after death, it may be treated as revoked unless evidence supports another explanation.