An estate planning expert is encouraging families to ensure their Will can be located when needed by registering where it is stored.
Steve Bish, from S Bish Estate Planning, says many families are unaware of where important legal documents are kept, which can create delays, additional stress and potential legal complications after a death.
“If a valid Will cannot be located following someone’s death, there is a risk that the estate may need to be administered under the intestacy rules,” says Steve.
“The first step would usually be to carry out a physical search of the deceased’s home and contact the legal firm or Will writer that drafted the Will, if that is known. If a previous Will is still in existence and there is no later valid Will to replace it, that earlier Will may still be treated as valid.
“When a Will cannot be found, the estate may be distributed according to the legal rules of intestacy rather than the wishes set out in the missing Will. That can affect how assets are passed on and may prevent specific gifts or arrangements from being carried out as intended.
“Writing a Will is one of the most important steps people can take to protect their loved ones and make their wishes clear. Registering where that Will is stored provides additional peace of mind for both the individual and their family.”
The National Will Register does not store the Will itself, but records details of where the original document is held, such as with a solicitor, Will writer or in secure storage.
“People can feel reassured that this is a secure system,” says Steve. “Searches can only be carried out in appropriate circumstances, typically after a death has occurred and supporting documentation has been provided.”
Steve says intestacy rules can produce outcomes that differ significantly from a person’s intentions.
“In England and Wales, where somebody dies intestate leaving a spouse or civil partner and children, the spouse or civil partner currently receives personal possessions, the first £322,000 of the estate and half of the remaining estate, with the other half divided between the children.
“Unmarried partners and stepchildren who have not been legally adopted do not automatically inherit under the intestacy rules, which is why having a valid and locatable Will is so important for many modern families.
“People often want to leave specific gifts to loved ones, make charitable donations, provide for pets or ensure certain possessions go to particular family members. If a Will cannot be found, carrying out those wishes can become much more difficult.”
Steve is encouraging people to take advantage of Free Will Registration Month throughout May.
“Registering the location of your Will is a straightforward process that could save your family considerable uncertainty and stress in the future,” he says.
