What to Do If a Will Is Lost in the UK

What happens if a will cannot be found?

If a will was last known to be in the deceased’s possession and cannot be found, the law presumes they destroyed it deliberately, which revokes it. This is a presumption, not a fixed conclusion, and it can be challenged with evidence.

The practical effect is that a missing will is treated as no will at all unless someone rebuts that presumption. If it is not rebutted, the estate is distributed under the intestacy rules instead, which may produce a very different result from what the deceased intended. Where the will was known to be held by a solicitor or a storage service rather than at home, the presumption is much weaker, since the deceased had no opportunity to destroy it.

Where should you search for a missing will?

Start with the deceased’s paperwork and any solicitor they used, then try the National Will Register and any bank or storage facility. Most missing wills are found rather than genuinely lost.

Go through filing, records, correspondence, and any letters mentioning a solicitor, estate planning, or a will. Family members are often the fastest way to locate a will, since someone may recall where the original was kept. Contact any firm the deceased is known to have used, since requesting the original from a solicitor is a straightforward process when you know who holds it. A search of the National Will Register can identify a registered will and where it is stored, though registration is voluntary so a nil result does not prove no will exists. Also check with banks, as some hold documents in safe custody.

Can a copy of a will be used instead of the original?

Yes, in some cases. The probate registry can admit a copy or draft, but only if you satisfy it the original was not deliberately destroyed. This is a formal application, not an automatic step.

You will need to show what the last will and testament said, including who the beneficiaries were, and explain what happened to the original. Useful evidence includes a photocopy or scan, the solicitor’s file copy or draft, correspondence discussing the terms, and statements from the witnesses or anyone who saw the signed document. The stronger the evidence that the loss was accidental, for example a house fire or a documented office move, the better the prospects. Applications of this kind take longer than a standard probate application and usually need legal help.

How do you apply for probate when the will is lost?

You apply in the normal way but ask the registry to accept the copy, supporting it with sworn evidence about the original’s loss. If no will or copy can be produced at all, you apply for letters of administration instead.

An application to admit a copy needs a witness statement setting out the search you carried out, what the will contained, and why you believe it was not revoked. Where no version of the will survives and the presumption of revocation stands, there is no will to prove, so the estate is administered under intestacy by an administrator rather than an executor. That is a different application with a different legal footing, and it removes any control over who inherits.

How do letters of administration work?

If no will or copy can be admitted, an administrator applies for letters of administration instead of a grant of probate. Only certain relatives can apply, in a fixed legal order.

The right to apply follows the same priority order as inheritance under intestacy: spouse or civil partner first, then children, then parents and siblings. The administrator gathers the deceased’s assets and property, settles any debts, and distributes what remains to the beneficiaries the law identifies. Unlike an executor named in a will, an administrator has no discretion at all. They must follow the statutory rules of succession precisely, even where the whole family agrees the outcome is not what the deceased wanted.

What does it cost to sort out a lost will?

There is no fixed fee for replacing a lost will, but the costs of proving one usually exceed what the will itself cost to make. The court fee is only part of it.

You face the standard probate application fee, which rose to £526 for estates over £5,000 on 13 July 2026. Add the cost of preparing sworn evidence and, in most cases, solicitor time to make the application properly. A contested application, where someone disputes that the copy reflects the true will, costs considerably more. Set against that, secure will storage at £30 a year removes the risk entirely.

How do you stop a will going missing in the first place?

Store the signed original somewhere secure and make sure your executors know exactly where to find it when the time comes. A will nobody can find is worth no more than one that was never made at all.

Keep the original flat, dry, and unstapled, since removing staples raises questions about whether pages were altered. Leave a note with your important papers stating where the will is held and how to request it. Professional storage with the firm that prepared the will, the official probate service, or a commercial provider all avoid the presumption problem, because the will was never in your possession to destroy. Registering it on the National Will Register also makes it findable even if your executors do not know it exists.

Frequently asked questions

What happens if a will is lost in the UK?

If it was last held by the deceased, the law presumes they destroyed it, so it is treated as revoked. That presumption can be rebutted with evidence the loss was accidental. If not, the person is treated as having died intestate and the estate passes under the rules of succession.

What should I do if I only have a copy of a will?

Keep it safe and take legal advice quickly. You can apply to the probate registry to have the copy admitted, but you must provide evidence about the original’s contents and why it was lost rather than destroyed. Do not assume a copy is worthless.

How do I find a lost will in the UK?

Search the deceased’s paperwork thoroughly, contact any solicitor they are known to have used, check bank safe-custody arrangements, and run a National Will Register search. If a firm has closed down, the Solicitors Regulation Authority can help trace where its files went.

Does a lost will mean the estate goes to the wrong people?

It can. If the presumption of revocation stands and no copy is admitted, the intestacy rules apply, which may exclude unmarried partners and stepchildren the will provided for. That gap is the main reason a lost will matters so much.