The importance of will search for probate solicitors – find out more with oneAdvanced
Probate matters can be complex and intricate, and the challenges can start as early as locating the will. As the question for many isn’t a case of where a will is, but whether there is a will at all.
This can be a massive pain point for legal professionals. If a will cannot be found initially work is likely to be undertaken on the assumption that the estate in intestate. Should a will be found later that contradicts the administration of the estate, this can lead to it being contested in court, an expensive and stressful process for all involved, including clients, beneficiaries and legal professionals.
In this article, we highlight the importance of utilising a comprehensive will search solution as a probate solicitor, to ensure peace of mind for all involved.
Two in five don’t discuss next steps with their loved ones
In the National Wills Report, The National Will Register found that 42% of UK adults haven’t discussed what their loved ones should do upon their passing. Combined with a figure of 44% that have made a will, that could mean that as few as one in five have a will and have told their loved ones where to find it. In the report, it also found that a quarter of people had created a life folder with will details and told their loved ones where to find it.
The National Will Register also reports that 20% of will searches with a positive match change the circumstances of estate administration as the will was thought to either not exist or has superseded a previous will.
Will search and The National Will Register
Will search is a comprehensive service that helps solicitors, executors, and other interested parties locate a will. This service helps locate wills to reduce the risk of distributing an estate incorrectly both through its system with over 10 million will records, and through its unregistered will search which undertakes a geographic search with solicitors, will writers and other legal entities that might hold the will.
The National Will Register is the UK’s leading will registration and search service. It provides a secure, accessible, and centralised system where wills can be registered and searched. By facilitating the registration of wills, The National Will Register helps ensure that the final wishes of individuals are respected and followed, minimising disputes and confusion during probate.
Peace of mind
The advantages of utilising will search within probate processes ultimately come down to offering peace of mind. Initially, to yourselves as probate professionals and law firms in that you are undertaking steps, and able to showcase this through documentation (will search certificates are given in all cases), to show that you understand the testacy of the estate beyond a reasonable doubt.
This drastically reduces the risk of finding a will where one currently isn’t known to you or your client, or where a will supersedes the one you hold – and even further reduces the risk of penalty on yourselves as legal professionals should the estate be contested as you have undertaken best practice to best understand the position of testacy.
This peace of mind is also for the testator’s loved ones and beneficiaries that the matter is resolved with the available information to you, and that the correct wishes are known and carried out during the probate process.
Will searches also provide the most comprehensive search in the shortest amount of work and time. Rather than having to contact solicitors selectively and singularly, The National Will Register runs a registered will search of over 10 million wills, around half of all wills in the UK, and an unregistered location-specific search of solicitors and legal professionals in that area. This means you can focus on the probate administration and other day-to-day tasks. It can also be accessed through practice and case management systems including Partner for Windows, ALB, and OneAdvanced Legal – further simplifying and speeding up the process.
For wills and probate solicitors, utilising will search and The National Will Register is indispensable in ensuring the correct administration of estates. By conducting thorough searches, solicitors can honour the deceased’s wishes, avoid legal pitfalls, and provide peace of mind to beneficiaries. As the complexities of probate continue to evolve, these tools will remain vital in navigating the intricate landscape of estate administration.
