The importance of will search
Overlooking an unknown or later will can cause costly disputes. A will search is a simple but vital safeguard for solicitors and their clients.
Start a searchWhy are will searches important?
Protect against unknown or superseding wills
Ensure no later or unknown will is missed, avoiding incorrect estate distribution
Evidence best practice and reduce risk
Demonstrate due diligence and protect your firm from negligence claims.
Prevent disputes before they arise
Minimise the risk of contentious probate and costly legal challenges.
Why a will search needs to be done for every single probate case
Carrying out a will search is not simply a safeguard – it is a vital part of risk management and due diligence for every probate matter, regardless of the circumstances. Even when a will is provided, there is no certainty it represents the most recent or final testamentary document unless comprehensive checks are made. Overlooking a later or unknown will can result in the incorrect distribution of the estate, exposing legal professionals to negligence claims and the estate to costly disputes.
A will search through The National Will Register provides the most effective means of reducing this risk. With millions of wills registered and the ability to search for wills that may not yet be known to the family or executors, it ensures that legal practitioners fulfil their duty to administer estates correctly, protect beneficiaries, and demonstrate best practice. For every probate case, regardless of complexity, a will search is a necessary step.
“Failure to search when applying for probate is a serious negligence risk.”
The Legal Opinion of Thomas Dumont KC
Read moreFAQs
A client’s copy of a will does not guarantee it is the most recent or only version in existence. A will search helps protect against unknown or superseding wills that could expose you and your firm to claims if missed.
Yes. A documented will search provides clear evidence that reasonable steps were taken to locate all testamentary documents. This aligns with best practice, satisfies professional indemnity requirements, and helps mitigate risk.
Failure to identify an unknown or later will is a leading cause of estate disputes. A will search reduces this risk by providing confidence that all possible registered wills have been considered before distribution.
Absolutely. In intestacy cases, a will search is essential to confirm there is no unknown will that revokes intestacy. Proceeding without this check leaves the estate vulnerable to future challenges.
Many professional indemnity insurers (PII) regard a will search as part of reasonable risk management. It can be a key part of defending against negligence claims should issues arise after distribution.