How to find a last will

England and Wales

While the testator is alive, they are generally the only person entitled to receive a copy of their will (with very limited exceptions). After the testator’s death, the will remains a private document until the Grant of Probate is issued (if ever), during which time only the executors are entitled to a copy. Once Probate is issued, the will becomes a public document and anyone may apply to the Probate Registry for a copy.

The Probate Registry records all Grants of Probate issued in England and Wales since 1858, many of which have the deceased’s will attached thereto. An application to the Probate Registry can be made by post using form PA1S or by using the Probate Search function on the Government website. Each Probate record requested costs £1.50. There is a separate search tool for locating the will of a soldier who died while serving in the British armed forces between 1850 and 1986.

Searching the Probate Registry can be limited however, as the Registry does not have records of wills where the testator is still alive (or has only recently died). Even after the testator’s death, there are circumstances where the will may never be sent to the Probate Registry as some estates do not require a probate application (eg where all of the testator’s assets were held jointly with their spouse).

In this situation, it is advisable to contact any law firm that the testator had instructed in the past as many firms hold original wills for their clients. It is likely that the law firm who assisted in the preparation of the will has retained a record. Finally, if one does not know the law firm that drafted the will, it is possible to search the National Will Register which, in partnership with law firms across the UK, has compiled a database of over 10 million wills to facilitate the administration process.

Due to the implementation of the UK General Data Protection Regulations, law firms cannot release a will to an individual unless they can evidence: (i) that the testator has died (by providing an original death certificate); and (ii) that they are an executor of the testator’s estate.