How to Request the Original Will from a Solicitor

Who can request the original will from a solicitor?

Executors are entitled to the original will, since they need it to formally apply for probate and begin administering the estate. Beneficiaries can usually request a copy, but not always the original.

The distinction exists because only one original document should be used for the probate application to the court. If you are named as an executor, write to the solicitor confirming your role, enclosing a copy of the death certificate as verification, and ask them to release the original will to you. If you are a beneficiary but not an executor, you can still ask for a copy of the will to see what you are entitled to under its terms. A will becomes a public document once probate is granted, but before that point the original itself is normally released only to the executor.

How do you find out which solicitor holds the will?

Check the deceased’s paperwork first for a solicitor’s letter, invoice, or file reference mentioning a will, since this is usually the quickest route. Many people never tell family members which firm holds their will.

Look through post, filing, and any correspondence mentioning a will, solicitor, or estate planning. If that draws a blank, a paid search through a service such as Certainty, the National Will Register, checks a database that some solicitors and will-writers register their wills with. Registration is not compulsory in England and Wales, so a search will not always find it. It remains the quickest formal route once a personal search has failed, and it can also confirm whether more than one will exists. If a firm has closed or merged with another practice, their old client files, including any wills held, are usually taken over by the solicitors who bought or merged with them. The Solicitors Regulation Authority keeps records of firm closures. It shows where files went if the firm was formally closed down, which can help trace a successor if a straightforward search does not turn up the name.

Can a solicitor refuse to release the original will?

A solicitor cannot lawfully refuse to hand over a valid will indefinitely, even if their fees are unpaid or there is a client dispute ongoing. Solicitors can claim a lien over certain documents to secure payment of outstanding fees, but that right does not extend to withholding a will from the people legally entitled to it.

In practice, most solicitors release a will promptly once they have confirmed the requester’s identity and role, since delaying the administration of an estate serves no one. If a solicitor is refusing or delaying without good reason, put the request in writing. State clearly that you are the executor and refer to their professional duty to release the will. If that does not resolve it, raise the matter with the Solicitors Regulation Authority or seek advice from another solicitor.

What should your letter to the solicitor say?

A short, formal letter naming your role, the deceased, and what you are asking for is usually all it takes to get a response. There is no set legal wording, but a few details make it easier for the firm to act quickly.

Include the deceased’s full name and date of death, your name, and your role, whether executor or beneficiary, along with how you are connected to them. Enclose a copy of the death certificate as proof, since solicitors need this before releasing what is a confidential document until death. State plainly what you are requesting: the original will if you are the named executor, since you will need it for probate, or a copy if you are a beneficiary. Give a contact number and address so the firm can reach you, and ask them to confirm in writing once the document has been sent. Keeping a copy of your own letter and any reply is worth doing in case a dispute or delay follows.

An example request letter

A short letter covering your role, the deceased’s details, and exactly what you want is normally enough. Use this as a starting point and adjust it to your situation.

If you are a beneficiary rather than the executor, adjust the request to ask for a copy of the will rather than the original. Explain how you are related to the deceased instead of naming yourself as executor.

What if the will cannot be found at all?

If no solicitor holds it and a thorough search turns up nothing, the will may have been lost, destroyed, or simply never made in the first place. This is a different problem from knowing who holds it but being refused access.

Check whether the person stored the will themselves, since a lost or destroyed will is treated differently in law from one that a solicitor is simply declining to hand over. If a will genuinely cannot be traced anywhere, the estate may eventually need to be administered as though the person had died without one. This falls under the intestacy rules, unless a valid copy and evidence of the original’s contents can be produced instead.

What happens once you have the original will?

Once you have the original will as executor, you use it to apply for a grant of probate, the court’s confirmation that you can administer the estate. Having the right document in hand is the first practical step, not the last.

You will need certified copies of the death certificate and the original will itself to submit with the probate application. The court checks the document before granting authority to deal with the inheritance and assets it describes. Some banks, pension providers, and other institutions also ask to see a certified copy of the will alongside the grant of probate before releasing funds or property belonging to the estate. Once probate is granted, the will becomes a public document, and executors can begin the administration of the estate in line with what it sets out.

Frequently asked questions

Can a beneficiary see the will before probate?

Not usually before probate is granted, unless the executor chooses to share it voluntarily. Once probate is granted, a will becomes a public document that anyone can obtain a copy of from the probate registry. Beneficiaries can ask the executor informally before that point, but there is no automatic right to see it earlier.

Do I need a solicitor to request a will?

No. You can write directly to the firm holding the will yourself as an executor or beneficiary. Using a solicitor is not a legal requirement to make the request, though one can help if the firm is unresponsive or if there is a genuine dispute about who is entitled to the document.

What happens if the solicitor’s firm has closed down?

Their client files, including any wills held for safekeeping, are usually transferred to the solicitors who took over the practice. The Solicitors Regulation Authority can help identify the successor firm if you know the name of the original one but cannot trace where its files went.

Is there a fee to get the original will from a solicitor?

Releasing a will they hold is not normally a chargeable service in itself. A solicitor may still be owed fees for other work, such as document storage or earlier legal services, but that is a separate matter from the release of the will itself.