Finding out if a will has been made.

[Concerned1966]

Hello,

Apologies if I have posted in the wrong area.

I am helping my girlfriend with her application to become a court appointed deputy for her mum (who has advanced dementia). We have completed the necessary paperwork and sent this to the Court of Protection (COP).

The information required with regards to assets/finances/pension etc. was quite specific, and unfortunately my girlfriend's parents have not retained much in the way of paperwork regarding their finances. We answered what we could, and provided cover notes explaining the situation (the forms don’t really allow for ‘Not known’ and in most cases figures have to be entered).

The Court has since provided us with authorisation/certification to further investigate the assets/finances of my girlfriend’s mum.

One of the questions on the form asks if a will has been made. We do not know if my GF's mum ever made a will, and have not been able to find any evidence that one exists. However we cannot be sure.

Is there a way to search for this information? I've looked online and there appears to be an option to pay for a search, but the sites seem to imply that this only relates to the wills of people who have passed away.

Any help, suggestions, or guidance that anyone can provide would be most appreciated.

Thank you for your time.

 

[Beetroot]

There is no central registry of wills kept when they've been written. Wills are private documents until probate has been granted i.e. after the testator has died. They then become public documents so you can obtain a copy of the will and probate for a fee from the probate office.

If there are no clues that the will has been made e.g will itself (of course!) or correspondence or bills from will writing firm, solicitor or bank, and you've had a thorough search for it, there probably is no will. A lot of people, particularly with small estates don't make wills so it's not uncommon to not have one.

 

[nitram]

There is no requirement to register a will, it can be registered voluntarily and searched for on https://www.nationalwillregister.co.uk/aboutwillsearch.aspx , there may be other sites.

Personally I would just enter 'unknown' against queries about any wills. There is no reason why you have to know and you are telling the truth when you say you don't know.

 

[Katrine]

I appreciate that you want to help sort out the muddle. Current finances and property are the priority. A will only comes into affect when the person dies. I agree with the advice above. Just state to COP that no will has been found in mum's house.

From the POV of GF's duties as her mum's deputy; a deputy cannot change a valid will, although they would probably want to know what the person's wishes were. It would be sad if some personal item bequeathed was disposed of in ignorance. However, the deputy has absolutely no duty to protect or preserve any property or finances to comply with the terms of a will. If the items or sums of money are no longer available when they die then those clauses in the will just fail. Auntie Brenda cannot say "my sister left me her Moorcroft vase collection in her will so I'm going to sue you because you sold them".

I wouldn't bother with paying for will searches as I think it's unlikely that GF's parents would have put details of wills on a voluntary online register. In the UK there is no central register of wills. Some people use pre-printed will stationery and fill in the blanks, then keep it in a drawer. Others have a will drawn up by a solicitor but again might keep the original at home. Many people don't make a will at all.

Your GF could ring local solicitors in her parents' home town, explain the situation, and ask them to check to see if they have any documents on file for her mum (and dad? is he deceased?) She will need to present her COP authority to them and some may refuse to even check until they see the paperwork. It's a bit of a long shot, but worth trying.

The other thing that occurs to me is to ask your GF if she can think who her mum might have named as executor/s in a will. Perhaps a relative or family friend. Executors are usually given a photocopy by the person who makes the will, but not always.

If you can only find a photocopy of a will then, when your GF's mother dies, a court may appoint an executor and approve a copy will. It is not the end of the world if there is no will. There are standard rules for dealing with the estates of people who die interstate. The probate process just takes longer.

 

[jenniferpa]

I think one of the reasons that this is asked is because it is possible to apply to the COP to create a statutory will. By asking the question, they are getting you to check if a will exists and if it might be necessary to amend it. It one doesn't exist or you simply can't find it after reasonable efforts then simply answer "No".

https://www.gov.uk/apply-statutory-will/overview

And I wouldn't bother to create one if the intestate provisions are adequate.

 

[Concerned1966]

Hello,

Thank you all for you replies, I never expected such quick and informative responses, so thanks again.

As 'Katrine' mentions we are going to check with the solicitor that arranged GF's dad's will later this month, just in case there was a 'Mirror' will or similar arranged.

Unfortunately GF's dad passed away suddenly and unexpectedly last year. We know he made a will a few years ago (prior to a major operation) but GF's mum was already diagnosed with Alzheimer's at that point. It was never expected that she would outlive her husband (who following his operation seemed so well).

GF's parents were very private people and wouldn't have discussed their finances/Will etc. with the family. We really don't think GF's mum would have made one herself. If the solicitor mentioned can't confirm otherwise, we will have to report back that there is no Will.

Thanks again for your replies.