Before making an application for Probate or Administration

Establish if the deceased left a will | What is a will? | What is a codicil? | Finding the will | Once found, what if I believe the will is wrong?

17. Establish if the deceased left a will

When a person dies it is important to establish if they left a will. Once established, this will determine who is entitled to make the application for Probate. If the deceased did not leave a valid will they will have died “intestate”.

18. What is a will?

A will states what a person wants to happen to their money, property and possessions after their death. The will may appoint one or more persons as executors to be responsible for paying debts and dealing with money, property and possessions. A will may have one or more codicils added to it. A will (and any codicils – see below) needs to comply with certain formal requirements. If you are in doubt about whether a document is a ‘will’ you may need to take legal advice.

19. What is a codicil?

A codicil is a supplement or addition to a will explaining, modifying or revoking a previous will provision or adding an additional provision. There may be several codicils to one will.

20. Finding the will

It is important to find the will as soon as possible. Look amongst personal papers held by the deceased at their home, in the bank, with their lawyer or with relatives. If you know that the deceased made a will but it cannot be found, you may need to take legal advice.

21. Once found, what if I believe the will is wrong?

A will can be challenged on a number of grounds – for example if the person was incapable, by reason of mental disorder, when it was made or if the person had been improperly influenced by another person when making the will. If you wish to challenge the will, you should seek legal advice immediately.