The gap between writing a will and finding it: How Tassells tackles the lost document problem

They faced a practical industry-wide challenge: the significant risk of wills being lost, forgotten, or unknown to executors.

By integrating The National Will Register into their standard private client workflow, Tassells implemented a proactive solution to ensure certainty of location, reduce administrative delays, and protect both their clients and the firm from the risks of untraceable documents.

The missing link in estate planning

In the private client sector, legal professionals spend significant time and expertise helping individuals structure their estates, mitigate tax liabilities, and ensure their assets are distributed according to their exact wishes. However, a major disconnect often occurs between the creation of these vital documents and their eventual execution.

The problem lies in visibility and communication. When clients move house, change their legal representation, or experience shifts in family dynamics over the decades, the physical location of their will can easily be lost. Furthermore, many individuals simply do not discuss their estate planning with their families.

Recent data from The National Wills Report 2025 highlights the scale of this issue. The research reveals that 29% of people with a will have not told anyone where to find it. Consequently, 51% of people do not know where their parents’ wills are located.

When a will cannot be found, executors face a difficult and stressful administrative burden. The practical consequences of an untraceable will include:

• Costly delays: Estate administration stalls while grieving families search through paperwork, contact local solicitors, or apply for prolonged searches.

• Intestacy risks: If the will is never found, the estate may be treated as intestate, meaning assets are distributed according to the law rather than the deceased’s actual wishes.

• Disputes and duplication: Uncertainty can easily lead to family conflicts, the emergence of duplicate or revoked wills, and costly legal challenges that complicate the probate process.

To provide a complete service, law firms need a reliable mechanism to bridge this gap, ensuring that the careful work put into drafting a will is never undermined by a lack of traceability.

Adapting to modern risks

Tassells Solicitors has operated in the Faversham community for more than two centuries. The firm has built a solid foundation on providing personal, community-centred legal services, often serving the same local families across multiple generations.

Despite their long history and strong community roots, the firm’s leadership understood that maintaining traditional values of client care required adopting modern risk management practices. The expectations surrounding private client services have evolved. Today, legal professionals are expected not only to provide sound advice but also to actively protect families from unnecessary administrative hurdles down the line.

Tassells needed a straightforward, secure way to guarantee that the wills they drafted and stored could always be located by the right people at the right time, regardless of how many years had passed or how much the client’s circumstances had changed.

Securing the paper trail

To proactively address the risk of lost documents, Tassells integrated will registration into their standard estate planning process. Rather than leaving the responsibility of communication entirely to the client, the firm registers the location of their clients’ wills with The National Will Register.

This approach effectively creates a secure, highly traceable digital record that executors can access when the time comes, without revealing the contents of the will itself.

The implementation was designed to be unobtrusive. For the client, it simply forms a natural extension of a well-prepared will. The firm handles the registration process entirely on their behalf, adding a layer of security to the document storage capabilities Tassells already provided. This ensures that even if a client moves away from the Faversham area or family dynamics change entirely, the record of where the will is held remains intact and accessible on a national database.

What certainty means in practice

By making will registration a standard part of their service, Tassells has effectively mitigated the risks associated with lost or unknown wills. The practical outcomes of this approach benefit everyone involved in the estate administration process.

Benefits for executors and beneficiaries:

• Absolute certainty of location: Executors no longer have to rely on guesswork or physically search a deceased relative’s property. They know exactly who holds the most up-to-date document.

• Faster estate administration: Because the will can be traced immediately, executors can apply for probate and begin managing the estate much more quickly. This also increases the likelihood that the drafting firm remains involved in the administration of the estate, helping preserve future probate instructions and continuity of service.

• Conflict prevention: A clear, registered record helps to prevent family disputes and minimises the risk of legal challenges based on uncertainty.

Benefits for the client:

• Peace of mind: Clients appreciate knowing that their executors will not have to struggle or worry when trying to locate their final wishes.

• Simplicity: The registration process is quick and handled entirely by the firm, providing maximum reassurance with no extra administrative burden on the individual.

Benefits for the firm:

• Retention of future probate instructions: When a will is registered, executors and beneficiaries can easily identify the firm holding the document. This increases the likelihood that the firm remains involved when probate is required, helping preserve future fee-earning opportunities.
• Stronger client relationships: Registration demonstrates a proactive approach to protecting clients’ wishes, reinforcing trust and differentiating the firm’s private client offering.
• Reduced administrative burden: A clear record of where a will is stored removes uncertainty and minimises time spent responding to document location enquiries.

Elevating professional standards and compliance

Beyond the direct advantages to families and executors, this approach plays a crucial role in how Tassells manages its own internal risk and upholds professional integrity.

In today’s highly regulated legal environment, taking proactive steps to secure a client’s legacy is a core component of risk management. By ensuring wills are registered, Tassells safeguards the firm against potential future claims regarding lost documents or incorrect estate distribution. It creates a clear audit trail that supports the firm’s commitment to high professional standards.