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Unsure of whether the deceased has a will?
Read on for quick guide on how to find out whether your loved ones left a will.
Why do we need to find out whether the deceased has a will?
1 | If there is a will, the deceased's assets will be distributed according to the will.
If the deceased left a will, the will appoints the person to distribute the assets of the deceased according to the instructions in the will. We call this person the executor. The executor applies for the Grant of Probate with the Family Justice Courts.
2 | If there is no will, you should apply for a Grant of Letters of Administration.
If the deceased does not a will, the beneficiary will apply to the Family Justice Courts for a Grant of Letters of Adminstration to manage and distribute the assets according to The Intestate Succession Act or Muslim Law for Muslim households.
With a Will
Grant of Probate
Without a Will
Grant of Letters of Administration
How do we find out whether the deceased has a will?
While you do not need to follow all the steps below, doing so reduces the likelihood of complications arising.
1 | Ask the deceased family and friends.
2 | Search the Wills Registry.
The deceased's friends and family may have been made aware of a will or was aware that the deceased was drafting one.
The Wills Registry does not keep photocopies or original copies of the will. Rather, it allows for the deceased to store information about the will after drafting it. You may obtain the information by using the "Search for Existing Will Record" for a small fee of $10.
3 | Place a notice with Law Society.
You may place a notice with Law Society for a fee of $214 to reach out to the lawyer who drafted the deceased will. The lawyer that drafter the deceased's will may contact you directly once he or she has seen the notice.
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