Farming – March 2026
When a will cannot be found and expenses still need paying
The death of a loved one is a difficult and emotional time. Matters can become even more stressful when a will cannot be found and there are immediate financial commitments that still need to be met.
The first step is to try to locate the will. It may be held by a solicitor, stored at a bank, or kept among personal papers at home.
If initial searches are unsuccessful, a professional search can be carried out through The National Will Register – Certainty – which contacts local law firms on your behalf to check whether they hold a will.
If no will is found, the estate is dealt with under the rules of intestacy. These rules determine who is entitled to administer the estate and who will inherit.
Unfortunately, they do not always reflect what the deceased may have wanted, which can lead to uncertainty or, in some cases, disputes between family members.
In the meantime, everyday expenses do not stop. Household bills, loan repayments, insurance premiums and other financial commitments often still need to be paid.
However, once banks and financial institutions are notified of a death, accounts are usually frozen.
Access to funds generally requires a Grant of Probate if there is a will, or a Grant of Letters of Administration if there is not.
Obtaining a grant can take several months. It is therefore important to contact creditors and service providers as soon as possible.
Many organisations are understanding once they are aware that the estate is being administered and may allow time before payments are made.
Digital assets can also complicate matters. Important financial and personal information may be held online or on devices protected by passwords or PINs.
Data protection rules mean this information is usually inaccessible until legal authority has been granted.
Keeping a secure record of key digital and financial details, and ensuring trusted individuals know where to find it, can help avoid delays.
Seeking professional advice early can ease the burden. We regularly advise families on locating wills, administering estates and liaising with banks and creditors following a bereavement.
For advice, contact Laura Carter, Associate in Wills & Probate at Ware & Kay on Malton 01653 692247 or email law@warekay.co.uk.
