When you can’t find a Will of the deceased

It is not uncommon to be unable to locate a Will for the deceased. Sometimes, you can be left completely in the dark as to whether you simply cannot locate the Will or whether the deceased actually did not have one and thus died intestate, and of course, the difference can be very significant.

Here are some of the most common ways to try to locate a Will:

Check with the lawyer(s) who drafted or might have drafted a Will for the deceased.
Check for safety deposit boxes at all banks frequented by the deceased.
Check with everyone who had a power of attorney from the deceased prior to death (both for person or property).
Check to see if the Will was deposited at the court location in the county or district where the deceased resided. If so, then you can inspect or get a copy of the Will upon filing a written request, providing 2 pieces of personal identification, name, address and date of birth of the deceased, and a death certificate issued by a funeral director or the Registrar General. Note that only a named trustee in the Will can get the original Will from the registrar.
Check with all professional advisors and caregivers of the deceased – lawyers, financial planners, accountants, nursing home staff, attendants.
Ask the closest friends of the deceased.
Contact or advertise widely among the local lawyers.
Advertise among the public at large (eg. newspapers)
If ultimately you are unsuccessful and cannot locate a Will and do not have strong evidence that a Will was made but has been misplaced, then you will have to proceed on the basis that the deceased died intestate. This will affect every aspect of the estate administration, from who is entitled to be appointed the estate trustee, to who is entitled to inherit from the estate.

If there is strong evidence that the deceased did make a Will but you cannot locate the original, you may be able to apply to probate a copy of the Will.