On numerous occasions a person will have passed away and their family are unaware of whether they had made a Will during their lifetime, and if so with who. Where no Will has been made, the rules of intestacy are applied in dealing with the deceased’s estate. It is important to be sure therefore, that reasonable steps have been taken to confirm that the deceased did not make a Will, or that the Will held is the most up to date version, so as to avoid incorrectly distributing the estate.
One reasonable step which should be taken is to search for the Will with Certainty, the National Will Register. Certainty provide and maintain a voluntary national Wills database. The data is secure and a search will only show the name of the person who made the Will, when it was made and where it is stored. The register does not see or hold a copy of the Will.
Certainty provide a range of Will searches:
If a person has registered their Will with Certainty when they made it, they will have received a Certainty Will Registration Certificate. This search will provide details of when the Will was made and where the Will is stored if it is not known. The person requesting the location of the Will must show they have a genuine bona fide interest and must provide a copy of the death certificate.
This Will search searches for Wills that may have been registered with Certainty, and those which may not have been registered. It includes a geographically targeted search using locations where the deceased may have lived, worked or had other connections which may have resulted in them making a Will in that location. Both Certainty member and non-member law firms and Will Writers and contacted to search their databases for the deceased Will. This service also provides indemnity insurance for a missing Will should it be required.
This Will search searches both registered and unregistered Wills. It also places section 27 notices to protect against any claims from unknown creditors or beneficiaries when the estate is distributed. This search also includes a search of the Probate Registry in case the Will has been proven and probate has already been applied for.
Whether you will be making our Will soon, or have already done so, you can ask your solicitor to register your Will with Certainty if they are a member.
Ansons are a proud member of Certainty and we will be happy to help you in registering your Will so as to ensure that your wishes are carried out accurately and that the right people benefit from your estate.
If you need to speak to someone about registering a will, contact Adam Penn on 01543 431196 or email apenn@ansons.law