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Why is the will so important?

A will is more than just a legal document for the distribution of assets; it is a final roadmap left by a loved one to guide those they leave behind. For families in Kent and South East London, finding this document is often the first vital step in funeral planning. It clarifies who the executors are: these are the people legally responsible for carrying out the deceased’s wishes, and often contains specific instructions regarding funeral arrangements.

Without a will, a person is said to have died ‘intestate,’ complicating probate proceedings, creating confusion and making an already emotional time much more complex and stressful. The rules of intestacy dictate how an estate is shared and inherited, and for the most part will strictly adhere to the order: Married spouse or civil partner, children, parents, siblings, and so on, which may not align with what your loved one would have wanted, nor reflect your family dynamic.

Furthermore, the will often specifies whether the individual preferred burial or cremation, and may even include details on their choice of coffins and caskets, making it an essential guide for any funeral director in Sevenoaks or Tonbridge helping you through the process.

Who should have a copy of the will?

In the immediate aftermath of a loss, many family members may feel they have a right to see the will. However, legal entitlement is quite specific. Initially, only the named executors (the person/people appointed to manage the estate) are entitled to see the will and hold a copy, and until probate is granted, the will remains a private document.

Once probate has been granted, the will becomes a public record, and anyone can apply for a copy. If you are working with a funeral director in Orpington and Chelsfield or Chislehurst and Bromley, your director will usually coordinate with the executors to ensure that all funeral packages chosen align with the instructions laid out in the document. If you are unsure who the executors are, the first place to look is often among the personal papers of the deceased or by contacting the solicitor who helped them with their funeral arranging.

Where is the will kept?

Finding a will can sometimes feel like a daunting task, especially if it was written many years ago. Most people keep their will in one of four places:

  1. At Home: Often kept in a “safe place,” such as a filing cabinet, a dedicated folder, or even a safe. If your loved one has filed a copy at home, it is also worth looking for a ‘Letter of Wishes,’ while you are there. This can often be a lot more reflective of your loved one and provides more personal guidance on items like urns, headstones and items of remembrance.
  2. With a Solicitor: Many people choose to store the original document with the law firm that drafted it.
  3. The Bank: Some individuals use safety deposit boxes at their local bank branch.
  4. The National Will Register: Many modern wills are registered with The National Will Register, which provides a searchable database to help families locate missing documents.

If your loved one had the foresight to take out pre-paid funeral plans, a copy of the will or at least a record of its location is often stored alongside the plan documents. This is a service we frequently discuss with families at our branches, whether you are visiting a funeral director in Borough Green or Swanley. Having these documents organised in advance is an act of great kindness for those you leave behind.

I really can’t find the will, how do I obtain a copy?

If a thorough search of the home and enquiries with local solicitors yield no results, you can turn to official channels. If probate has already been applied for or granted, the easiest way to find the document is through the GOV.UK find a will service. You can search probate records in England and Wales for a small fee, which will allow you to download a digital copy of the will and the grant of probate.

If probate has not yet been granted and you suspect a will exists but cannot locate it, you may need to conduct a formal search through the National Will Register or contact all local solicitors in the areas where the deceased lived. As a family-run funeral director in Tunbridge Wells, we understand how frustrating this search can be. Our experienced team at Welham Jones is always here to offer a supportive ear and practical advice on how to proceed with funeral arrangements while the legalities are being resolved. Even in cases involving the repatriation of the deceased, having the right paperwork, or knowing where to find it, is key to a smooth and respectful process.

Locating a will is the first step in honouring a loved one’s final journey, ensuring their wishes are respected and their legacy is protected.

If you’re looking for support planning a funeral, please contact us.

 

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