Ensuring the deceased’s wishes are followed

Will Search Safeguard

Every day genealogists and probate research professionals conduct Certainty Will Searches to ensure that there are no unknown Wills in existence when tracing the next-in-line to inherit. The consequences of any unknown Wills not coming to light can lead to the incorrect distribution of an estate with the wrong beneficiaries inheriting.

In this case study, Rebecca McNaught, Cases Manager and Paralegal at Treethorpe discusses a case where she had traced members of the deceased’s family who were next-in-line to inherit. As part of their internal process, Treethorpe conduct a Certainty Will Search as a matter of course to confirm that there are no unknown Wills in existence which ensures that the estate is intestate and therefore distributed correctly.

Rebecca comments: “At Treethorpe we are asked to help put together family trees for those who have sadly passed away with no known next of kin. We were referred a case where the deceased was thought to have died intestate as no Will was known of. I proceeded to research the family and located two siblings along with four nieces and nephews to the deceased. I contacted and verified all the family we had found and proceeded to administering the estate on their behalf.”

“As part of our service, we use The National Will Register to conduct a Certainty Will Search on our cases for everyone’s peace of mind. In this instance a Will was located, written by the deceased in 2016. Unfortunately for the family we had located, the estate was not left to them. It was instead left to a dear family friend. We are now administering the estate in relation to the Will and are pleased the deceased’s wishes can be followed as intended.”

“This just proves how important a Certainty Will Search is. If we had not completed this search, then the estate would have been distributed incorrectly and not as per the deceased’s wishes.”