What Happens If You Can’t Find the Original Will? Legal Guidance for Families in England & Wales

Losing a loved one’s original will is a distressing situation that can add unnecessary stress during a time of grief. If you’ve searched high and low and still can’t find the original signed will, you might wonder what this means for the estate. The truth is, all is not lost.

At Town & Country Law, we help families across England and Wales handle complex probate issues—including situations where the original will has gone missing. This guide explains what happens next, the legal routes available, and how we can support you through the process.

Speak to a Local Will Writing Expert

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What the Law Says About Missing Wills

In England and Wales, the original signed and witnessed will is the document usually required by the Probate Registry to begin administering an estate. If the original cannot be found, the Registry may assume that the testator (the person who made the will) destroyed it with the intention of revoking it. This is known as the presumption of revocation.

However, this presumption can be rebutted with strong evidence that:

• The will existed at the time of death
• The testator did not intend to revoke it
• A valid copy reflects their last wishes

If accepted, probate may be granted on a copy of the will under Rule 54 of the Non-Contentious Probate Rules 1987.

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Reasons Wills Go Missing

Understanding why a will might be missing can help prevent issues in your own estate planning. Common reasons include:

• The will was lost in a house move or during decluttering
• The solicitor who stored it retired or closed their office
• Accidental destruction (e.g., fire, flood, misplacement)
• The testator changed their mind and destroyed it
• It was moved by someone else without the testator’s knowledge

💡 See our post on 15 Reasons to Write a Will Now to understand why regular reviews of your will are crucial.

Speak to a Local Will Writing Expert

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Step-by-Step: What to Do If the Will Can’t Be Found

If you are an executor or family member trying to deal with a missing will, here’s what to do:

1. Search Thoroughly

Look in obvious and not-so-obvious places:

• Filing cabinets and safes
• Solicitor’s offices (call firms they used)
• Banks or safety deposit boxes
• Fireproof containers or digital storage systems

2. Contact the Will Writer

If the will was written with a solicitor or professional will writer, they may hold the original or a signed copy.

Town & Country Law provides secure document storage for all clients using our Will Writing Services, and we encourage executors to contact us directly.

3. Find a Copy of the Will

A certified copy, scan, or unsigned draft can still help. You’ll need to explain where it came from and confirm its authenticity.

4. Gather Supporting Evidence

Statements from the solicitor, executors, or witnesses can support your case. An affidavit may be needed explaining why the original is missing and why the copy should be accepted.

5. Apply to the Probate Registry

If all evidence is accepted, probate can be granted based on the copy. This is commonly referred to as probate with a copy will under Rule 54.

Explore our Probate Services for expert support in making this application.

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What If No Copy Exists?

In more complex cases, where no copy of the will can be found at all, you might still reconstruct the contents based on:

• Notes or emails
• Drafts from the solicitor
• Statements from family, friends, or the solicitor

This process is more difficult but not impossible. Legal support is strongly advised.

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The Risks of Relying on Intestacy

If no will is found or accepted, the estate is handled under intestacy rules, which means:

• Spouses and children inherit in a set legal order
• Unmarried partners receive nothing
• Stepchildren are not recognised under the law

To learn more, visit our post on What Happens When Someone Dies Without a Will.

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Internal Example: Protecting Your Will from Going Missing

When creating your own estate plan, it’s important to think about long-term storage. At Town & Country Law, we help you:

• Create a professionally drafted will through our Will Writing service
• Protect your home and assets through Protective Property Trusts
• Set up Lasting Powers of Attorney so someone can act for you if you lose capacity

We also securely store original wills in a fireproof archive and offer duplicate signed copies where requested.

Speak to a Local Will Writing Expert

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FAQs – Dealing With a Lost Will

Q1: Can probate be granted with just a copy of the will?
Yes, if you can prove the will existed, was not revoked, and the copy reflects the deceased’s wishes.

Q2: What happens if no will or copy is found?
The estate will be divided according to intestacy rules. Visit our Estate Planning page to see how to avoid this.

Q3: Can I use an unsigned draft or scanned version?
It depends on the circumstances. Statements from witnesses or the solicitor can help the Registry decide.

Q4: Who can help with this process?
Our expert legal team handles these kinds of cases regularly. See our Probate Services for full guidance.

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Table: Comparing Scenarios with and without the Original Will

Situation	Result	Action Needed
Original will found	Standard probate application	Apply using PA1P form
Certified copy available	Rule 54 probate application	Affidavit + supporting evidence
No copy, notes only	Possible reconstruction	Legal affidavit + witness statements
No will or supporting docs	Intestacy	Apply using intestacy rules

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Why Choose Town & Country Law?

We provide legal services to clients across Lincolnshire, Cambridgeshire, and beyond. Our experienced estate planners specialise in:

• Wills & Trusts
• Lasting Powers of Attorney
• Probate applications
• Protecting homes from unintended disinheritance

Explore our Trust Services or read more in the Guides & Blog section.

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Book a Free Review Today

If you’ve lost a will, don’t wait until disputes arise or deadlines are missed. Contact Town & Country Law for:

✅ Help obtaining probate with a copy
✅ Reconstruction of a will
✅ Reviewing and updating your current will
✅ Secure document storage

👉 Contact Us today or call us directly to schedule your free consultation.

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Protect your loved one’s legacy—even if the will goes missing. Let us help you navigate the way forward.

Speak to a Local Will Writing Expert