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To find out more about what administrators have to do, see Handling the monetary affairs of somebody who has died. In order for a will to be valid, it must be: made by a person who is 18 years old or over andmade voluntarily and without pressure from any other individual andmade by a person who is of sound mind.
A witness or the married partner of a witness can not benefit from a will. If a witness is a beneficiary (or the married partner or civil partner of a recipient), the will is still legitimate but the recipient will not be able to inherit under the will. Although it will be legally valid even if it is not dated, it is suggested to ensure that the will also includes the date on which it is signed.
If somebody makes a will but it is not legally legitimate, on their death their estate will be shared out under certain guidelines, not according to the wishes expressed in the will. For additional information about the rules if somebody passes away without leaving a legitimate will, see Who can inherit if there is no will the guidelines of intestacy.
Such wills are known as privileged wills. Once a will has been made, it needs to be kept in a safe place and other documents should not be attached to it.
If you wish to deposit a will in this way you should visit the District Pc registry or Probate Sub-Registry or write to: Somebody close to you might have died and you think they made a will but you can't find one in their home. Check to see if you can find a certificate of deposit, which will have been sent to them if they set up for the will to be kept by the Principal Pc Registry of the Family Department.
If the person died in a care house or a health center you could inspect to see if the will was left with them. You must also get in touch with the person's solicitor, accounting professional or bank to see if they hold the will. The person who has passed away, or their lawyer, might have registered their will with a commercial organisation such as Certainty () and, after the individual's death, you can pay for a search of the wills registered on the business's database.
If you can't discover a will, you will normally need to handle the estate of the person who has actually died as if they died without leaving a will. For more details, see Who can inherit if there is no will the rules of intestacy. When someone dies, the person who is handling their estate (for instance, cash and property) must typically get authorisation to do so from the Probate Service.
When probate is approved, the will is kept by the Probate Service and any member of the public can get a copy. If you wish to search for the will of a person who passed away just recently, you can apply to the Probate Service for a standing search to be made.
If a grant has been made, they will send you a copy of the grant and a copy of the will, if any. A cost is payable. You can renew your search at the end of 6 months for a further fee. It might be a good idea to wait 2 or 3 months after the death before you make an application for a search.
If you wish to do your own search, or if you wish to look for the will of someone who passed away more than twelve months back, you can do a basic search. A general search by the Probate Computer registry will cover a four year period and a cost is payable.
You can find out how to get a basic search and just how much it costs on GOV.UK. You can make an individual search free of charge by going to the Principal Computer Registry of the Household Department (see under heading Where to keep a will). If you wish to check or take a copy of the will, there is a cost of 5.
Any apparent modifications on the face of the will are presumed to have been made at a later date therefore do not form part of the initial lawfully legitimate will. The only way you can change a will is by making: a codicil to the will ora brand-new will A codicil is a supplement to a will which makes some changes but leaves the rest of it intact.
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