Where there is a Will there is a Way

This article is about a useful tool in the People Searcher’s toolbox – the Last Will and Testament. Wills are public documents and they can help fill in gaps in your family research. In this article I will explain what you may learn from a Will and how to get a copy for yourself. I also ask who writes a Will and why so many people don’t ever get around to it.

What is a Will?
A Last Will and Testament is a legal document that is drawn up in life and while in sound mind that expresses a person’s wishes for winding up their affairs after death. The will can specify the nature of the funeral wanted, any donations to charities and who is to inherit any property.

The Will names one or more people to be Executors to the estate. An Executor is charged with the responsibility of carrying out the wishes of the deceased. An executor may also be a beneficiary named in the Will. It is the job of the Executor to obtain Probate. Most people will instruct a solicitor to help them, but you can do it on your own.

A Will is only valid if it is witnessed by two people who are not related to the person writing the will and who are not going to benefit under the terms of the Will.

What can you learn from a Will?
A Will is useful in family research as it is another source of names and addresses of family members and other beneficiaries. This can help develop your knowledge of the family.

Some wills have additional information in them that could enlighten you about the Testator’s life and wishes. These insights can be very useful in your researches.

How to find a Will
If you are based in London, or can visit easily, you may visit:
The Principal Probate Registry
First Avenue House
42-49 High Holborn
London WC1V 6NP
Tel: 020 7210 2266

You can do a postal search by writing to:
The Postal Searches and Copies Department
York Probate Sub-Registry
1st Floor
Castle Chambers
Clifford Street
York
YO1 9RG

You will need to give the full name, address and date of death of the deceased, stating what you require and enclosing the appropriate fee, which presently is £5.

Here is the website of the Probate Service http://www.hmcourts-service.gov.uk/cms/wills.htm
A form that you can fill in to request a search can be found at
http://www.hmcourts-service.gov.uk/courtfinder/forms/pa1s_0405.pdf

Why write a Will?
I would strongly recommend everyone to write a Will and to keep it updated. This so that your property and savings will go to the people you love and who love you.

How to write a will:
You can use a solicitor to help prepare your Will. I would recommend this if you have a complicated estate with money abroad etc.

You can also employ a professional will writer, who will visit you at home. Check that they are members of the Institute of Professional Will Writers or the Society of Will Writers.

You can also buy Will packs and forms at most stationers and bookshops. You will need to make a bit of study before doing this as you need to think about all the possible outcomes. You and your partner may need to create mirror Wills that allow for either to die first. Remember to get two witnesses to sign them.

Will storage:
Having written a Will it is worth considering where to keep it safely. The important thing is that the Will can be found after your death. You may choose to keep it at home, or in the bank or with you solicitors. You can also keep your will at Probate Registry. For details see http://www.hmcourts-service.gov.uk/cms/1218.htm

Why people don’t want to write a will?
Less than half of us ever make a Will. This is disappointing to family researchers, but a tragedy to family and friends of the person who dies.

I am not fully sure why we put off the decision to write our will until it is too late. Maybe it is really human nature not to do today what we can put off until tomorrow, but I suspect it is also distaste at looking death in the eye. Sadly we are all going to die, so it makes sense to plan for it.

What happens if you don’t write a Will?
If you don’t write a Will your property will be divided amongst your family according to the Rules of Intestacy. This could mean that your money will go to people who might not be your first choice.

If no close relatives can be found the estate will eventually be passed to the Crown, which in my view is a waste. To learn more about this take a look at the Bona Vacantia website at http://www.bonavacantia.gov.uk/

As can be imagined, there may be funds, investments, bank accounts etc. that are never found and just lie idle as no one knew of their existence. This could be more money to add to the millions of pounds of unclaimed funds in this country alone.

Conclusion:
To write a Will is a very kind gesture to make to your family and dependants. It will help to continue your care for them after your death.

It is not too hard a task to do nor too expensive and it makes sorting out the estate much easier and quicker.

And remember you are helping to create another helpful document for the genealogist and the family researcher!