In the case of c) one searcher states that
they believed a revoked Will had been
used that prevented them from receiving
certain possessions from the deceased
that held sentimental value for them.
A number of these statistics provide
real food for thought for a Will Writer
distributing an estate who may not be
aware that a family member, friend,
executor or personal representative may
have their own beliefs surrounding a Will,
the last Will and who the real beneficiaries
are.
Potentially unbeknown to a Will Writer
distributing an estate or who has already
distributed an estate, people known to
the deceased will undertake their own
investigations if they feel something
is untoward or want protection from
an unknown Will coming forward after
distribution. In nearly 50% of Certainty
Will Searches these public searchers
discovered an unknown Will.
Other reasons the search was undertaken
included;
• 19% knew a Will had been written and
existed but did not know where it was
• 12% were unhappy, believing that
the Will being used to distribute the
estate had been superseded by a new
Will and that there was an attempt
to distribute the estate and avoid
identifying beneficiaries named in the
later Will
• 6% were advised to go online and
search by their legal adviser
• 3% were looking for a Will to understand
if it contained funeral wishes
• 3% were not a blood relative of the
deceased but felt the executor/
administrator distributing the estate
was not adhering to the wishes their
deceased ‘friend’ had discussed
Emma-Louise
Green,
Contentious
Probate Solicitor, The Wilkes Partnership,
comments: “It is important to consider
whether you need to take any enhanced
steps to check that the Will that you
have been presented with is indeed
the last Will. Undertaking a Certainty
Will Search can shed some light on this.
Sometimes, family members may suspect
something to be the case but cannot
confirm because the testator is no longer
with us to verify questions surrounding
their Will. Using Certainty can help to
demonstrate that an action was taken to
check the factual situation that is being
presented to a solicitor, executor or wider
family member. It can potentially reduce
the possibility of a dispute taking place
through a Will coming to light during or
after estate distribution. Searches are
called for in many legal activities to provide
a safeguard or to try to discover unknown
information. A Certainty Will Search is
no different. The results of the survey
demonstrate the usefulness of carrying
out such a search no matter how well
you thought you knew your client or the
executors or personal representatives.”
For further information on the types of
searches you can carry out please contact
us on 0330 100 3660 or email:
[email protected]
To search for the location of a Will please
visit: www.willsearchsww.co.uk
The Society of Will Writers
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