What Happens If a Will Is Lost or Missing

When someone dies, their Will is the key document that sets out how their estate is distributed and who is responsible for carrying out their wishes. But what happens if the Will is missing.

Where Should You Search for a Missing Will?

The first step is always to search thoroughly. Some people keep their Wills at home, perhaps in a safe, filing cabinet, or with other important papers. Even if the document itself is not there, letters from solicitors or receipts from storage services may give clues as to its whereabouts. Friends, family members, or professional advisers may also know where the Will is held.

Lawyers and Estate planning firms often keep original Wills in storage, while banks and building societies were once common custodians. As a last resort, you can contact local solicitors and Will-writing companies in the hope that your Executors identify the firm that drafted the Will, although even then there is no guarantee that the original Will has been retained.

What If the Will Still Cannot Be Found?

If, after all these efforts, no Will is located, it may be possible to use a copy, draft, or reconstruction. This requires an application to the Probate Registry, supported by an affidavit that provides evidence of a valid Will.

However, an important legal hurdle must be considered. If a Will was last known to be in the deceased’s possession but cannot be located after death, the law presumes that it was deliberately destroyed with the intention of revoking it. This is known as the “presumption of revocation.”

A Case in Point: Packer v Packer

The recent case of Packer v Packer (2025) illustrates this principle. Even though the court accepted that the deceased had likely made a Will, the absence of the signed document meant the presumption stood. As a result, the estate passed under the intestacy rules instead of according to the deceased’s wishes.

How to Avoid the Risk of a Lost Will

Losing a Will can have serious consequences. At Complete Wills, we remove this risk by storing your Will securely in a fireproof, insured facility for just £24 per year, or £36 per year for two Wills. The service also includes the option to store your house deeds and powers of attorney at no extra cost. We offer regular reviews and ensure that, upon death, your Will is delivered directly to your Executor. To give your family peace of mind, we additionally provide a free advice line for Executors.

If you would like to discuss our Will storage options or have any other questions, speak to our friendly team today.