When someone dies, families are often left navigating not only grief, but also uncertainty. One of the most common assumptions made during estate administration is that if a will cannot immediately be found, one simply does not exist.
As this case demonstrates, that assumption can fundamentally change the outcome of an estate.
Following the death of an individual, the estate initially appeared to be one where no valid will existed. Despite enquiries, no will could be located and the administration therefore proceeded under the rules of intestacy.
An application for Letters of Administration was made, allowing the administration of the estate to begin.
Absence of a will does not mean one does not exist
At first glance, everything appeared to be progressing correctly. However, experienced probate practitioners understand that the absence of a will does not necessarily mean that one was never made.
Rather than relying on assumptions, a full due diligence process was undertaken to establish whether a valid will existed.
As part of that process, a professional will search was carried out through The National Will Register. A decision that proved to be pivotal as the search located a valid will that had not previously been found.
Estate administration changed completely
The discovery of the Will changed the administration of the estate completely.
The existing Grant of Letters of Administration had to be revoked, as the Will appointed an Executor and contained legally binding instructions regarding the administration of the estate.
Responsibility for administering the estate transferred to the executor named within the Will, replacing the administrator who had originally been appointed under the rules of intestacy.
Most importantly, the discovery of the Will changed who inherited the estate.
Had the administration continued under the rules of intestacy, the estate would have been distributed in accordance with the statutory rules. Instead, the will confirmed that the deceased’s wishes were different, and the estate was ultimately distributed exactly as intended.
It’s never safe to assume
This case is a reminder that probate should never be based on assumptions.
Had the Will not been located, the estate could have been distributed incorrectly, exposing the Personal Representative to potential legal challenge and causing unnecessary distress for those involved.
Instead, a professional will search provided certainty, protected those administering the estate and, most importantly, ensured that the deceased’s final wishes were respected.
Commenting on the case, Dan McIntyre said:
Cases like this demonstrate why thorough due diligence is such an important part of estate administration. It is easy to assume that if a Will cannot be found, one doesn’t exist, but assumptions can lead to the wrong outcome.
By taking the additional step of carrying out a professional will search, we were able to establish the deceased’s true wishes and ensure the estate was administered correctly. It protected everyone involved, from the Personal Representative to the beneficiaries, and most importantly ensured that the deceased’s intentions were honoured.
For us, this isn’t simply about locating a document. It’s about giving families certainty during one of the most difficult periods of their lives, whilst ensuring the administration of the estate is carried out properly and responsibly.
Certainty is invaluable
Every estate is different, but one principle remains the same: certainty is invaluable.
A professional will search is far more than an administrative exercise. It provides reassurance for families, protection for Personal Representatives and confidence that the estate is being administered in accordance with the deceased’s true wishes.
Every will tells a story. Finding it ensures the right one is followed.