Legal Questions and Answers by
Jonathan Stones of John Barkers
Question :-
My aunt recently died. We know she made a will but we cannot find it. What can we do?
Answer :-
First a word of caution: Sometimes elderly people lead members of their family to believe they've made a will when they haven't. So you could be looking for something which does not exist.
If you have a copy of a will - and the problem is simply that you cannot find the original - then your solicitor might be able to prove that.
In the absence of even a copy, an obvious first step is to contact your aunt's solicitor, or any solicitor you know that she may have had dealings with. Law firms commonly hold will originals for clients. If they haven't got the original, they will certainly have a copy of any will they have written.
If that proves to be a dead end, consult a local solicitor. On your behalf he will make enquiries with all the practices in the area. Your situation is not uncommon and we receive perhaps two or three such requests for help each year.
If that fails, you will eventually have to presume that she did not make a will and then a close relative will need to apply for what is called letters of administration, which is an application to the court to administer your aunt's estate, which will then be distributed in accordance with the inheritance laws.
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