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A family member or close friend dying unexpectedly is difficult enough to deal with. What happens if you can’t find a Will? Attwood Marshall Lawyer Larisa Kapur, who practices exclusively in Wills & Estates, gives some tips on this difficult area of law.

We receive many enquiries from family members and friends unable to find the last Will of a relative or friend who has passed away. They are often hoping for a quick and easy solution to help them locate the last Will.

Many people believe there is a central ‘Wills register’ and that solicitors can easily find them.

Unfortunately this is not the case and finding a lost Will can become a timely and costly exercise for family and loved ones of the deceased person.

It is much easier for friends and family if a Will can be found.

Most banks and insurance companies require a certified copy of the Will and the death certificate before they will release any funds. In many circumstances (and depending on the amount or value of the assets involved), they will require a Grant of Probate of a Will or Letters of Administration.

Is there a centralised Will registry?

No – there is not a Government operated Will registry in existence. There are a few internet based, privately run, Will registries that charge ongoing fees for storage of an electronic copy of your Will and an address of where the original Will is kept.

This is not something that is utilised often due to the ongoing membership fees and the requirements to keep contact details updated.

Larisa Kapur Atwood Marshall Solicitors. 

  • Lawyer
  • Wills and Estates
  • Direct line: 07 5553 5804
  • Mobile: 0449 731 379

 

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