A lost will is one of the most expensive and stressful problems a UK family can face at probate. The wet-ink signed original is the legal document; without it, the law presumes the testator destroyed it deliberately, and the estate is treated as intestate. This guide covers what happens when a will can't be found, how to apply for probate of a lost will (it is sometimes possible), the steps families should take immediately after a death, and — critically — how to avoid the problem in the first place.
Key takeaways:
- Without the wet-ink signed original will, the law presumes the testator revoked it by destruction. The estate is then dealt with under any earlier will or under intestacy.
- A copy of the lost will can sometimes be admitted to probate, but only with strong evidence rebutting the presumption of revocation — affidavits, witness statements, the testator's known intentions.
- The application is complex, slow and expensive — typically requiring a solicitor and often costing £3,000-£10,000+ to litigate.
- The single best protection: store the original somewhere safe and tell at least two executors where it is.
- Modern UK options for storage include the Probate Service's deposit facility, solicitor strongrooms, will-storage services, and fireproof home safes.
What "lost will" actually means
A will that cannot be located after the testator's death is, in legal terms, lost. The problem is not just practical — it's evidential. The rule in Welch v Phillips (1836), refined by many subsequent cases, presumes that a will last known to be in the testator's possession but not found after death was deliberately destroyed by the testator. Destruction (with intention) revokes the will.
This presumption can be rebutted by evidence. But the burden is on whoever wants the will admitted to probate to show, on the balance of probabilities, that the testator did not intend to revoke it.
What happens immediately after death
If the original will can't be found:
- Search comprehensively. Most "lost" wills are found within a week. Check:
- Contact the Certainty National Will Register — a UK service that registers will locations. If the testator ever registered their will (about 10-15% do), Certainty can tell the executors where it's stored.
- Check for any signed copies. A photocopy of a signed will, while not the original, is much better evidence than nothing — and may be admissible to probate via the lost-will application.
- Ask the will-writing solicitor or service. If the testator used a solicitor or online service to draft the will, that firm may have:
Searching the Probate Service Will Store
The Probate Service (HMCTS) operates a will deposit facility at the Principal Registry. For a £20 deposit fee, the testator could lodge their original will with the service. After death, executors can apply for the will to be released.
Search at gov.uk/wills-probate-inheritance/find-or-make-a-will. If the will is there, the application takes 2-4 weeks to process.
When a copy can be admitted to probate
Even without the original, the executors can apply to have a copy of the will admitted to probate. The application must:
- Provide the copy will itself
- Demonstrate that the original was last known in a specific location
- Provide evidence of the testator's continued intention to be governed by the will:
- Statements to family or solicitor that the will reflected their wishes
- Absence of any expressed intention to revoke
- No more recent will having been found
- Address the circumstances of the loss:
- Was the will at the testator's home and likely destroyed in a fire or flood?
- Did the will go missing from a solicitor's firm that has since dissolved?
- Was the will held by a third party who may have lost it?
The court must be satisfied on the balance of probabilities that the will was lost (not deliberately destroyed) and represents the testator's last wishes.
The process is by application to the Probate Registry under Non-Contentious Probate Rule 54 (for uncontested cases) or via the Chancery Division for contested cases. Affidavits are required from anyone with relevant evidence — including the witnesses to the original signing if traceable.
Typical cost: £3,000-£10,000+ in legal fees for an uncontested application, much more if contested. The application takes 6-18 months depending on complexity.
What happens if the application fails
If the court is not satisfied, the will is treated as revoked. The estate then passes under:
- An earlier will (if one exists and is intact) — this is why some people deliberately keep older wills as a fallback, though the most recent valid will normally revokes earlier ones
- Intestacy rules if no earlier will exists
This rarely matches what the testator actually wanted — which is the whole point of having a will in the first place.
Storage options to prevent the problem
The single best defence is sensible storage from the moment the will is signed. Options:
### 1. Probate Service Will Store
HMCTS deposit facility at the Principal Registry, Birmingham. £20 one-off deposit fee. The service holds the original until the testator dies, then releases it on production of the death certificate. The most secure free-of-ongoing-cost option for UK testators.
### 2. Solicitor strongroom
If you used a solicitor to draft the will, they will often offer to hold the original for free. Check what happens to the will if the firm is dissolved, sold, or merged — the rules require the will to be handed to a successor firm or the Probate Service.
### 3. Will-storage services
Companies like Certainty National Will Register, Will Custodian, and others offer paid storage with retrieval guarantees. Costs typically £30-£100 per year.
### 4. Bank safe deposit box
Some banks still offer safe deposit boxes (£100-£500/year). Strong physical security; but executors need access on death, which can be slow.
### 5. Fireproof home safe
Adequate for most situations, especially if the safe is genuinely fire-rated (look for at least 1 hour at 1700°F). Tell your executors the combination or where to find the key.
### 6. With a close family member or executor
Workable if the person is reliable and lives somewhere stable. Less safe than a dedicated facility, but better than a desk drawer.
Trusted Hands customers get free Digital Vault storage with their will. This is an encrypted reference copy — the wet-ink original still needs to be stored safely — but executors can verify the will exists and retrieve a copy at any time, eliminating the "lost will" panic. Start your will →
What NOT to do
- Don't store the only copy of the will in a place no one knows about. Hidden under a mattress isn't safe — it's just hidden.
- Don't store the original with an executor you've fallen out with. Family disputes have a way of turning into lost wills.
- Don't store the will in a way that depends on a third party still being around. Solicitor firms merge or dissolve; will-storage companies go bust.
- Don't keep only a digital scan. The wet-ink original is the legal document. A scan is not enough at probate.
- Don't write the location of the will on a sticky note in your desk. Tell at least two executors directly.
Register the will
The Certainty National Will Register is a private register where you can record the existence and location of your will. It's not legally required, but it means executors searching after your death can find out where the will is held. Cost: typically £40-£60 one-off. Worth doing alongside any storage choice.
Frequently asked questions
What if I think the will was destroyed by accident?
If you can prove accidental destruction (fire, flood, theft), a copy can be admitted to probate. You'll need evidence — fire service reports, insurance records, police reports.
Can I just photocopy my will and put the copy with the executors?
Photocopies are useful as backup evidence but are not the will. At probate, the wet-ink original is required. If the original is lost, the copy plus evidence of the testator's continued intention may be admitted — but this is an expensive and uncertain process.
What if the lost will would have left more to one beneficiary than intestacy would?
That beneficiary has the strongest motivation to apply for the copy to be admitted. They'll need to fund the application (often £3,000-£10,000+) and convince the court. The estate doesn't pay for the application unless it succeeds.
What if the testator told someone where the will is but that person also died?
The information may still be useful if it can be evidenced (e.g. a written note left by the deceased intermediary). But the absence of a living witness to the will's location makes the search harder.
Are there professional "will finders"?
A few specialist firms search for unclaimed wills and estates. They often charge a percentage of the recovered value. Useful for genuinely unknown wills but expensive — and most "lost" wills are found by family searching properly first.
What if the will is found after probate has been granted on intestacy?
The newly-found will may be admitted to probate via a second grant, with the intestacy distribution unwound. Any distributions already made to the wrong beneficiaries can be recovered or compensated. Take legal advice immediately.
Can I store my will at the bank?
Banks generally don't offer dedicated will storage any more, though safe deposit boxes (where still offered) work. The challenge is access: banks won't release contents of a safe deposit box without a grant of probate, which you can't get without the will — a circular problem.
How do I tell my executors where my will is?
Put it in writing somewhere they'll find it. Many people include it in a "letter of wishes" or a separate "in case of death" envelope kept with personal papers. Tell at least two people verbally as well.
Trusted Hands is a UK will-writing service. Our Digital Vault stores an encrypted reference copy of your will so executors can verify it exists; the wet-ink original still needs to be stored safely using one of the options above.
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