How to Find Out If Someone Has Made a Will

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has more than 30 years’ legal experience.

Written by Tanya Waterworth, Digital Content Writer

Steps to Take and Where To Search

If you need to find out if someone made a will, the steps you take depend on whether the person is still alive or has died. You may want to understand their wishes, establish who should administer their estate, or discover whether a will exists before taking further action.

In England and Wales, you cannot simply search a public register to establish whether someone has made a will. However, you can investigate potential sources, contact relevant organisations and, following a death, search official probate records.

If you have concerns over inheritance and potentially may want to contest a will, we explain below what to do next.

Can You Find Out If Someone Made a Will Before They Die?

If the person is alive, you can ask whether they have made a will and where they keep it. However, they generally have no obligation to disclose their will to relatives, and you cannot usually force them to reveal its contents. If you have concerns about their arrangements, a solicitor specialising in wills and probate can explain your legal position.

How to Find Out If a Deceased Person Made a Will

If you need to find out whether someone made a will after their death, start by gathering information that could help you identify the document or the professional who prepared it.

1. Check for clues about the will

Look for correspondence, emails, invoices or appointment records that mention a solicitor or will-writing service. People often tend to keep these with their files containing financial paperwork, property documents or other important records. Ask relatives and trusted friends whether the deceased discussed making a will or told anyone where they stored it. You could also check whether an accountant or financial adviser knows which solicitor handled their affairs.

Our Tip: Focus on credible leads that could help you identify the person or organisation holding the will.

2. Contact the solicitor or will-writing service

If you can identify a solicitor or will-writing service, contact them to ask whether they prepared or hold a will for the deceased. They may ask for a death certificate, proof of your identity and information about your connection to the estate. This is because they also have to consider confidentiality and whether they can disclose the information to you.

If the original solicitor has retired or closed their practice, ask whether another firm took over its files or will-storage arrangements as many law firms hold Will Banks.

Our Tip: If you cannot identify the solicitor, the Law Society’s Find a Solicitor can help you find a regulated firm to advise you about your options.

3. Search the National Will Register

The UK’s National Will Register offers searches to help locate registered wills and investigate whether an unregistered will may exist. Trying this route can be useful when you have no clear information about which solicitor the deceased used. However, registration is voluntary, so a search may not identify every will and it’s not definitive proof that will does or doesn’t exist.

Can You Search the Probate Registry for a Will?

Yes, the official GOV.UK Probate Search Service is the ‘go-to’ tool to find a will once the grant of probate has been issued. On this site you can search for probate records and order copies of available documents for people who have died in England and Wales. You will generally need the deceased’s name and year of death. If the search identifies a relevant record, check the type of grant issued and order a copy of the probate record, including the will if one is available.

However, the timing matters. A will generally becomes a public document only after the court issues a grant of probate. The Probate Registry usually adds the records to its online service around 14 days after issuing the grant. A Grant of Probate is the official permission for an executor to collect the deceased’s assets, pay any estate debts and distribute the estate according to the will.

If probate has not been granted, the online search may return no result even if a valid will exists. Some estates also do not require a grant, for example if the deceased had very few assets. So, the absence of a probate record does not necessarily establish that the deceased never made a will. If the person died recently, check the service again later.

What If Someone Else Has the Will but Won’t Let You See It?

A family member may tell you that a will exists but refuse to share a copy. Alternatively, you may have evidence that the deceased instructed a solicitor to prepare a will, yet nobody can explain what happened to it. Your first step is to establish who holds the document and why they will not provide it. Perhaps they have legitimate confidentiality concerns. Or perhaps they may not have the original, or may not have a good understanding of their responsibilities.

If the will names you as an executor, explain your position to the person holding the will. Executors named in a will usually have a right to see it after the testator’s death, although the practical steps required to obtain it may depend on the circumstances.

If you are a potential beneficiary or another relative, your position may differ. You do not automatically have the same rights as an executor simply because you expect to inherit. Keep copies of relevant correspondence and record the steps you have taken. Avoid making accusations without evidence or attempting to take the document without permission.

What If You Suspect Someone Has Hidden or Destroyed a Will?

A missing will can become a contentious probate issue if there is evidence that someone deliberately concealed, destroyed or interfered with the document.

For example, a relative might produce an older will that benefits them. Or perhaps other family members have evidence that the deceased later instructed a solicitor to prepare a replacement. In this type of scenario, you may need to establish whether the later will existed, whether it was validly executed and whether it revoked the earlier version.

Similarly, the absence of an original will does not automatically mean that a copy can never be used. In certain circumstances, an application may be made to prove a copy, but the court will need appropriate evidence.

If you suspect that someone has concealed or destroyed a will, obtain legal advice as early as possible.

What If Your Search Reveals No Will?

If you have checked the available records, contacted potential will-holders and followed credible leads without finding a will, you may need advice about whether the estate should be administered under the rules of intestacy.

These rules determine who inherits when someone dies without a valid will. However, do not assume that intestacy applies simply because an initial search produced no result.

If you later discover a will, it could change who should administer the estate and who is entitled to inherit. That is why a careful investigation matters before anyone distributes the assets.

For detailed guidance on the practical steps to take when the original will cannot be found, including what happens if only a copy exists, read our guide to What Happens If You Can’t Find a Will.

Need Help Finding Out Whether a Will Exists?

Uncertainty about a will can lead to delays, disagreements and disputes over who should administer an estate or inherit from it.

If you have exhausted the usual search options, believe someone is withholding a will, or suspect that a later will has been concealed or destroyed, specialist advice can help you understand your options.

As a claims management company, we partner with a panel of experienced contentious probate solicitors who offer a free, initial consultation.

They also offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

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