Made a Will Years Ago? What to Do If You Don’t Know Where It Is

You know you made a will. You remember going to the appointment, signing something and probably putting a copy somewhere “safe”.

The problem is that may have been 10, 15 or 20 years ago. Since then, you may have moved house, changed relationships, had children, lost touch with the solicitor, or forgotten where the paperwork went.

This is more common than people realise. A will is one of those important documents people carefully put away, only for it to disappear into a folder marked “house stuff”, a filing cabinet, a loft box, or the same drawer as old passports and appliance manuals.

If this sounds familiar, you are not alone. The important thing is to take practical steps now, rather than leaving uncertainty for your loved ones later.

Is an old will still valid?

An old will may still be valid if it was properly prepared, signed and witnessed at the time. However, that does not always mean it still reflects your wishes now.

A lot can change over the years. You may have bought or sold a property, married, divorced, separated, had children or grandchildren, lost someone named in your will, or changed your mind about who you would like to benefit.

You may also have appointed executors who are no longer suitable. An executor is the person responsible for dealing with your estate after your death. If you chose someone years ago, it is worth checking whether they are still willing, able and appropriate.

Some life events can have a legal effect on a will. For example, marriage or civil partnership can affect an existing will, and divorce can affect gifts to a former spouse or civil partner. That is why it is sensible to review your will after any major life change.

Where might my will be stored?

There is not one automatic government will database where every will is stored. In most cases, the original signed will is kept by the solicitor who prepared it, stored safely at home, or held by another professional storage service.

HM Courts and Tribunals Service does offer a will storage service, but this is something a person has to actively choose to use, it doesn’t happen automatically.

There is also The National Will Register. This does not usually store the will itself. Instead, it records key details about the will and where the original is stored, so it can be found more easily later.

This means that if you made a will years ago, it may not be sitting in an online account waiting for you to log in. It is more likely that the original is a paper document stored with a solicitor, a will storage provider, or among your own important papers.

Can a new solicitor help me find my will?

Yes, a new solicitor can help you work through the likely options.

This may include contacting the firm that prepared the will, checking whether that firm has merged or changed name, searching The National Will Register, or advising you on what to do if the original cannot be found.

If the solicitor’s firm has closed down, it does not always mean everything has disappeared. In some cases, another firm may have taken over the files. If the Solicitors Regulation Authority closed the firm, it may hold client documents and have a process for requesting papers back.

Even if the original will cannot be found, that does not mean you are stuck. If you are alive and have capacity to make a new will, it may be simpler and clearer to prepare a fresh one.

What if I only have a photocopy?

A photocopy or scanned version can still be useful. It may show when the will was made, who prepared it and what your instructions were at the time.

However, for probate purposes, the original signed will is usually very important. If the original cannot be found after someone dies, this can create delays, extra steps and uncertainty for the executors.

That is why it is worth checking now. It is much easier to solve the problem while you are able to confirm your wishes yourself.

Should I update my will or make a new one?

If your existing will still reflects your wishes and you know where the original is stored, you may simply want peace of mind.

If only a small change is needed, it may be possible to make an official alteration called a codicil. This must be signed and witnessed properly.

However, if your circumstances have changed significantly, making a new will is often the clearest option. This can help avoid confusion caused by several old documents, handwritten notes or unclear amendments.

It is also important not to write changes directly onto your old will. Crossing something out or adding a note in the margin may seem harmless, but it can create problems later. Any changes should be made properly.

Recent changes that may impact your previous Will

We strongly advise that you check your Will regularly to ensure it still aligns to changes in your personal circumstances and takes account of recent government changes to Inheritance Tax laws and care home fees.

As the cost of care continues to rise, an increasing number of our clients are concerned that a significant portion of their savings and assets will be consumed by these fees. There are steps you can take within your will and broader estate planning to potentially safeguard your assets from being depleted by care home costs.

We provide a free will review services to our clients, which we encourage you to take advantage of.

Should I check this for my parents or older relatives?

It can be a sensitive conversation, but it is often a helpful one.

If your parents, grandparents or retired loved ones made a will years ago, it may be worth gently asking whether they know where the original is kept and whether it still reflects their wishes.

This does not need to be a difficult or dramatic discussion. It can be as simple as saying: “Do you know where your will is stored, just so we would know who to contact if we ever needed to?”

Many families only discover after someone has died that nobody knows where the will is. At that stage, it can be much harder to deal with.

If you made a will years ago and cannot remember where it is, we can help you understand your options.

Our Wills and Probate team can talk through what you remember, help you consider where the original may be, and advise whether it would be sensible to make a new will.

You do not need to have everything organised before contacting us. Often, the best first step is simply to get the conversation started.

For professional advice you can trust, contact JR Levins and speak to Karla Cope and our Wills and Probate team.

0151 480 5777 – option 4
wills@jrlevins.co.uk

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