FAQs - Can't Find Will

HOME >WILLS & ESTATES - ONLINE CONSULT >FAQs

FREQUENTLY ASKED QUESTIONS

CAN'T FIND WILL

Question:

I know that I made a Will a few years ago, but honestly don’t know where it is. I’ve looked in all my papers, and have rung my old Solicitor, but it’s not there. Does this mean I’m not covered?

Answer:

This happens quite a lot, and my advice is to do a thorough search first. Follow these simple prompts:

Think about whether you have used more than one Solicitor in the past. For instance, did you use a different Solicitor when you bought/sold a property? Contact all of these Solicitors.
Did you do your Will through the Public Trustee?
Check at all of your Banks to see if you have put it in a safe deposit box
Ask your Accountant, Financial Planner etc
Have one more look at home, particularly in papers dealing with investments

Still no luck? The situation is that if you pass away and your family cannot find your Will even after thorough searching, you will be deemed to have died Intestate (without a Will). This is not the best way to have your affairs sorted out, because it means that your assets will be distributed according to the Government Rules of Intestacy - which may not reflect your wishes. Also, your family will go to more expense in getting Court approval for your affairs.

My strong recommendation is that you do another Will - you can make it on the same or different terms to the lost one, and your new Will will replace the old one.

Browse FAQ'S

Separation
Sole Parent
Can't find Will
More than one marriage
Left out of Will

Can't Find the Answer?

Then ask a Lawyer who specialises in this field. The cost of accessing the Legalmart Online Consult service for this topic is $29.95 incl. GST (FREE for a limited time).

This entitles you to up to 10 minutes of a qualified Lawyer’s time in answering you question. This is a fixed fee service, and the Lawyer cannot charge you more unless you agree. If your question cannot be answered fully within 10 minutes, the Lawyer will advise you and provide you with a quote.

Browse the Wills & Estates Channel...

Information and Tips
Library - includes comprehensive Legalmart dictionary and handy links
True Stories

This website is intended to provide general information only. It does not purport to be a comprehensive advice. If you want legal advice, you need to contact a Solicitor or you can access Lawyer Support within a service, usually for a fixed fee. No responsibility is accepted by Legalmart or its affiliates for the accuracy or omission of any statement, opinion, or information on this site and readers should rely on their own enquiries in making any decisions regarding their own or their client's interests. Site visitors should also note that any information that is limited to a particular state of Australia may not be applicable in other states of Australia.

The Intellectual Property on this Website including rights in respect of copyright and patents are owned by Ezylaw Pty Ltd and operated under licence by Legalmart.corp® Pty Ltd ABN 99 081 698 937. The Quicklaw conveyancing service is owned and operated by a separate entity, Do It Yourself Conveyancing Kits Pty Ltd ABN 64 007 327 291 operated from www.quicklaw.com.au and Legalmart takes no responsibility for this service.

Neither the concept or functionality nor the layout or wording contained in or represented by this site can be copied or used in any way whatsoever without express written consent from the owner. All offenders will be prosecuted.