• April 19, 2024
 Certainty Will Search: Protect yourself, your firm and your client from future claims against the estate

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Certainty Will Search: Protect yourself, your firm and your client from future claims against the estate

Sharmans Law LLP have been providing legal services in Bedfordshire for over 200 years and have been members of The National Will Register since 2014. The firm have incorporated Will Registration into their Will writing process and always advise their clients of the benefits of registering their Will on The National Will Register, one of which is ensuring that the location of where their last valid Will is stored can be easily located once they have passed away.

The firm also incorporate Certainty Will Search into their internal estate distribution process, advising clients to conduct a Certainty Will Search as a matter of course to prove that they are in possession of the last valid Will of the deceased and always when they are appointed at a professional executor.

Marta Espiga, Solicitor, Sharmans Law LLP explains why the firm always conduct a Certainty Will Search when they are appointed as a professional executor. Marta comments:

“In this particular case, the nephew of the deceased held a copy of a Will dated from November 2016 that appointed him and the partners of the firm as executors of the estate. The nephew came to our office with the copy to notify us of the testator’s death, believing it to be the last valid Will of the deceased.”

“Although we were holding a Will dated from November 2016, we couldn’t rely that we were holding the last valid Will of the deceased and it is imperative that we make sure that we are proving the last Will of the deceased when applying for probate. Therefore, we conducted a Certainty Will Search.”

Marta conducted a Will Search Combined that searches for Wills that have been registered on The National Will Register (circa 8.7 million Wills in the system) and for Wills that have not been registered. Marta concludes:

“We always conduct a Certainty Will Search when the partners are appointed executors regardless whether there are co-executors. We need to be certain that we are distributing the estate in accordance with the last Will to avoid risks of claims against the estate. In this case, the Will that we were holding was in fact the last Will. It allowed us to feel confident that we had done everything possible to ensure we had located the last valid Will of the deceased before applying for a Grant of Probate.”

For further information on the type of searches you can carry out, please contact The National Will Register on 0330 100 3660 or email enquiries@certainty.co.uk.

This article was submitted to be published by Certainty as part of their advertising agreement with Today’s Wills and Probate. The views expressed in this article are those of the submitter and not those of Today’s Wills and Probate.

The National Will Register

http://www.certainty.co.uk/

Certainty the National Will Register is the UK’s provider of a National Will Register and Will Search service. Certainty Will Search and Will Registration is exclusively endorsed by the Law Society, recommended by key organisations and used by thousands of solicitors, the public, charities and financial institutions to register Wills and search for Wills. At peak times, one Will is registered every two seconds on The National Will Register. The confidential contents of the Will are not disclosed, only the existence and location of where the Will is stored is recorded, ensuring that it can be found quickly and easily once the Testator has passed on. Registration ensures that if beneficiaries and executors are unaware if a Will was written or have forgotten where it’s located, it can be easily found by conducting a Register Will Search. The existence of a Will and its location are confidential. Only when the Testator has passed away can a Will’s location be declared. Even then, it will be disclosed only when the person searching for the Will has a genuine, bona fide interest and that person can provide a copy of a death certificate. Certainty Will Search not only searches for registered Wills but also nationally for Wills that have not been registered to help prevent an old Will being used to distribute the estate or when the existence of a Will is unknown. In addition, Certainty the National Will Register provides an online Will management tool for solicitors, which can be accessed remotely from anywhere with a secure internet connection so they can safely register Wills, search for Wills and use additional services Certainty the National Will Register provides for professionals. For more information, please contact us on 0330 100 3660 or email enquiries@certainty.co.uk. Address The Chapel Chapel Lane Lapworth Warwickshire B94 6EU