Measures to Take if a Will is Lost

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Losing a will can cause complications when it comes to the distribution of the deceased person’s assets. However, the actions taken to address the situation will depend on the circumstances surrounding the loss of the will.

The team at Swansea Legal Solutions recommend these general steps that can be taken if a will is lost:

  • Look for a copy of the will: If the original will cannot be found, the executor or the family members of the deceased person should try to find a copy of the will. The copy can be used to probate the estate, although it will need to be authenticated by the court.
  • Search for the will: The executor or family members should search the deceased person’s home, safe deposit box, or other storage areas for the will. They can also contact the deceased person’s lawyer, accountant, or financial advisor to see if they have a copy of the will.
  • File a petition with the court: If the original will cannot be found and there is no copy, the executor or a family member can file a petition with the court to probate the estate without a will. The court will then decide how to distribute the assets in line with the law.
  • Challenge the validity of the will: If the original will cannot be found, and there is no copy, but there is reason to believe that the deceased person created a will, a person may challenge the validity of the will. A challenge may be based on factors such as undue influence, lack of capacity, or improper execution.

In summary, losing a will can cause complications during the distribution of the assets of the deceased person. However, the executor or the family members of the deceased person can take steps to address the situation as listed above.

Using Professional Will Storage

The best way to prevent a will from becoming lost or misplaced, is to use a professional will storage service like that offered by Swansea Legal Solutions. This service can provide peace of mind along with several benefits, including:

  • The provision of secure facilities with safeguards such as fire-resistant safes, temperature control, and alarm systems to protect the documents from damage or loss.
  •  Ensuring the confidentiality of the document and allowing only authorised parties to access the will.
  • Enabling quick access to the document when needed. For example, the executor or family members of the deceased person can quickly retrieve the will from the storage facility when the time comes to probate the estate.
  •  Professional will storage providers are typically aware of the legal requirements related to storing wills and can ensure that the document is stored in accordance with applicable laws and regulations.
  • Some professional will storage providers may offer additional services such as secure storage for other important documents, such as birth certificates, marriage certificates, or insurance policies.

Using a professional will storage service can provide added protection, confidentiality, accessibility, and legal compliance for the document, ensuring that it is safe and easily accessible when needed.

For all of your will writing and storage solutions, Swansea Legal Solutions is the local, go-to firm offering expert advice and guidance at all times. To find out more click here or call us today on 01792 420844.

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