The Last Lost Will – How to find a missing Will?
We often get enquires for missing Wills.
(Of course, these are not Wills that we have drafted - those are safely stored in the Holland Beckett deeds safe.)
Locating a missing Will can be very stressful and locating the original requires a systematic search.
If you know someone had a Will, the search must commence - without it, obtaining a grant of Probate is much more complex.
If you have a copy of the will, you may be able to seek Probate of a lost Will.
If the will does not surface, could it be that the person never did a Will? If so, an advertisement (discussed below) must be advertised before a grant of Letters of Administration will be issued by the Court.
If a Will cannot be found, the estate may have to be distributed according to New Zealand’s intestacy laws.
How to find a missing Will:
Check personal records and safe places:
Search the deceased’s home and personal papers.
Look in safes, safety deposit boxes, and any hidden or secure places where important documents might be stored.
Family and friends:
Sometimes family members or close friends may have a copy of the Will or know where the Will might be.
Contact their lawyer:
Reach out to the lawyer who may have drafted the Will. Lawyers often (and in our view should) keep copies of their clients’ Wills.
High Court:
If the Will has been probated (or perhaps it was made and sealed via Court proceedings - more on this another day), the High Court might have a copy. Contact the High Court in the region where the deceased lived.
Law Society advertisement:
If you are unsure which lawyer might hold the Will, contact the New Zealand Law Society to place an advertisement in newsletters received by all lawyers.
You can contact the Law Society to advertise for a will here: NZLS | Advertise for a will (lawsociety.org.nz)
As a matter of good practice, a lawyer will not release details of a Will to anyone - that is confidential to the Will-maker during their lifetime and when they have died, it is up to the executors.
The above also illustrates the need to talk to your friends and family about your Will, and where to find it should they need to. This can alleviate a lot of stress during what will be a difficult time.
For any Estate and Will queries, get in touch with our specialist team at estates@hobec.co.nz.