I am an executor of a Will but I don’t know where the original Will is

Some people are extremely diligent and provide executors with a copy of their last Will and details of where the original Will is or perhaps the details of the law firm who prepared their last Will and whom hold the Will on safe custody.

If however you have not been provided with this crucial information by the deceased and are not sure where the original Will is located you may want to make the following enquiries to ascertain where the original Will is held:

  • Check with immediate family members in respect to if they know where the original Will is held or if the deceased mentioned such Will being in existence

  • Check with immediate family members if the deceased mentioned a law firm or lawyer that they may have engaged in the past as most law firms that prepare Wills for clients hold the Will on safe custody for clients

  • Look among the private papers in the deceased’s home, they may have a file allocated for their important legal documents

  • If the deceased has a safe and if access can be obtained to the safe check if the Will is stored in there for safe keeping

  • If the deceased held a security deposit box with a banking institution you may wish to make enquiries in respect to accessing the security deposit box to ascertain the Will is located in this security deposit box

  • Check with the deceased’s accountant or financial advisor to ascertain if they hold a copy of the Will or if they have any knowledge of the law firm that prepared the Will. Financial Advisors in particular are often involved with a client’s estate planning so may hold this crucial information

  • Make enquiries with local law firms

  • Engage the services of a solicitor to undertake searches and enquiries with the relevant law societies and institutes on your behalf in respect to the whereabouts of the deceased’s original Will

Disclaimer: The advice provided in this article is of a general nature only and you should always seek legal advice relevant to your own circumstances.

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