Lost Wills & Probate | Irwin Mitchell Solicitors

Lost Wills

Wills are often written many years before they are actually needed, so sometimes when a loved one dies, the Will can be difficult to find. Dealing with a loved one’s estate can be stressful enough but when the Will has been lost, expert legal assistance from an experienced and specialist lawyer can make the situation so much easier.

Our expert Wills disputes team can help you if you are trying to deal with a loved one’s estate but the Will has been lost.

The Law As It Applies To Lost Wills

When a Will cannot be found it is presumed to have been destroyed. If this happens it falls on those who benefit from the Will to prove that the Will was not revoked. If the Will has been permanently lost, misplaced, destroyed or is not available for some other reason, an application can be made to the court for one of the following bits of paperwork to be accepted in its place:

  • A copy (often located with the solicitor or Will writer)
  • A completed draft
  • Other evidence of the contents of the Will  

How We Can Help When A Will Is Lost

Our Wills disputes team have helped many clients when it comes to lost Wills. The lack of a Will can often lead to disagreements between family members but we can help you reach a positive outcome, often through negotiation rather than having to go through the courts.

We understand that this can be a confusing and distressing time. To try and minimise the stress you go through, we will always:

  • Explain what is happening in clear and simple terms.
  • Keep you updated about the progress of your case throughout
  • Do all we can to protect your interests and those of your loved ones.

Our legal helpline is available 24/7, so you can always speak to someone about your case. As a national law firm with offices up and down the country, we can help you wherever you are.

What About The Costs?

You can choose from a range of funding options and we can guide you on which option is most suitable in your case. Our first consultation is completely free and without obligation. Our funding options include:

  • 'No win no fee' agreements*
  • Discounted fee agreements
  • Legal expense insurance (often included with home insurance policies)

We will accept cases on a ‘no win no fee’ basis wherever possible. In certain circumstances we can also offer you further peace of mind and security by arranging insurance cover. This protects you from any liability for the legal fees of the other party if your case is unsuccessful.

For further information or for an initial discussion with no obligation, please do not hesitate to call our experienced team or send us an online enquiry and we will get back to you.

* Subject to entering into a ‘No Win No Fee’ agreement in conjunction with our Allianz Support4Disputes insurance policy and complying with your responsibilities under its terms.