How to Find a Will

Locating a Will after the passing of a loved one can be challenging, particularly if the deceased did not disclose the whereabouts of the Will.

To help you in your search, here are seven practical steps you can take to attempt to locate a missing Will.

1. Search at Home

Start by searching for the Will at the deceased’s home, checking places such as safes, drawers, and cabinets.

2. Check Email Accounts

If you can access the deceased’s email account, search for information regarding their Will.

3. Contact the Deceased’s Lawyer or Financial Planner

If you cannot find any information regarding the Will, consider whether the deceased retained a lawyer.

If so, contact the lawyer to see if they hold the Will.

You may also contact the deceased’s financial planner or accountant to enquire whether the deceased mentioned anything about a Will.

4. Post a Missing Will Notice

If there are no results from the lawyer, financial planner, or accountant, you can approach the Law Society of South Australia to post a missing Will notice in its publication, InBrief.

This notice will be sent to its members (lawyers at various law firms).

5. Contact the Public Trustee

You can contact the Public Trustee to check if they have a Will for the deceased on file.

6. Advertise in the Newspaper

Another option is to place an advertisement in the newspaper in the Missing Will section.

7. Speak with the Executor & Family Members

Contact the executor if the deceased shared their identity with you.

It may also be beneficial to speak with the deceased’s family members, as they might know the location of the Will.

What to Do if the Will is Found

If you find the Will, read it carefully to understand the deceased’s wishes regarding their assets and any specific instructions they may have left.

Next, contact the executor named in the Will to let them know you have found the Will.

The executor plays the primary role in managing the estate and must be informed.

If the Will is comprised of multiple pages, do not remove the staple nor tamper with the Will in any way.

To do so may result in complications at the time of making an application for a Grant of Probate.

What to Do if the Will Isn’t Found

If no Will is found, the estate will generally be administered according to the laws of intestacy, which dictate how assets are distributed among surviving relatives.