• Rita Sen Solicitors

Making sure your Will is found

Updated: Mar 10, 2021

Most of the efforts made promoting the making of Wills point to the ease with which this can be done, the security that it provides for loved ones and the fact, subject to periodic reviews, that once made the Will can be placed somewhere safe and forgotten about.

Regrettably a large number of people seem to take that advice too literally. They fail to tell anyone, even those that they have appointed as Executors, that the Will has been made. They certainly do not trouble to leave any clue as to where the document may be found. Indeed, recent research shows that a significant proportion of individuals who have made Wills cannot recall where the original document is. We are quite often told by Clients who approach us to make new Wills that they have a previous Will but are uncertain as to its whereabouts.

As part of our Will Making Service, unless instructed to the contrary, we register each Will with Certainty, the National Wills Database. Of course, no details about the Will, or the dispositions that it makes are available to anyone. If a query is made of the database it is passed on to the Solicitor who registered the Will. Without your consent we would never disclose even the existence of a Will, let alone its content to any 3rd party. After your death we will only communicate the existence of the Will to the Executors that you have nominated. In this way, continued confidentiality is assured.

At the same time the registration makes it far more certain that the existence of the Will comes to light, if it is not immediately apparent. To state the obvious, there is little point in having a Will if no one knows about it even after you have gone. Making sure that your Will (and, indeed, the most recent if you have made more than one) is used to determine how your estate should be distributed is made far easier by the registration.

We make no charge for the registration – it is all part of our service, designed to ensure that your hard earned estate passes in a way that is entirely in accordance with your wishes.

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