Finding a will is an important early step following a death. The will outlines the deceased person’s final wishes, nominates who they wish to oversee the administration of their estate, gives details of any funeral wishes, and outlines their wishes regarding children, vulnerable adults and/or pets.

 A common challenge when someone dies unexpectedly is determining if they have a will and finding a copy of it. One of the most common ways to find a will is to check with the spouse, partner, adult children, parents, siblings, or close friends.

If you are unsure where the will may be located some places to check include:

• Filing cabinets at the deceased person’s home
• Filing cabinets at the deceased person’s office or workplace
• A safe in the home
• Bottom or top bedside drawer
• A next of kin’s home
• The public trustee of the state they reside in
• Their accountant
• Their financial adviser
• A lawyer they may have used in the past
• Check with law firms in your area
• The Law Society wills register

If you find multiple copies or versions of a will it’s crucial to determine which of the wills is valid and to be used in the estate administration process.

If you find any notes made by the deceased that looks like their last wishes it may still be given to the Supreme Court of SA as an “informal will”.

A document that does not meet all the requirements that make a will legally binding or valid may be used to manage the deceased’s estate.

In this situation, the application to the Supreme Court of SA will take longer, be complicated and expensive but it is possible as long as the Court is satisfied of the author's intention.

An informal Will can be anything from writing on a wall to handwritten notes on the back of a post-it note, napkin, or envelope. It could also be a digital statement such as a voice message, video message, an email or text message.

If you are unable to locate a will and this has been confirmed by other family members, you should still check if there are any pre-paid funeral arrangements or insurance and contact us to determine the next steps.

Whilst you are looking for a will. If it’s likely you will be the executor or administrator, we recommend you take any other relevant documents that may be important for administering the estate.

You can find a list of these documents HERE