Professional Deputy locates unknown 25-year-old Will through a Certainty Will Search

Retro Styled Detail Of A Last Will And Testament Document With Glasses

Professional Deputy locates unknown 25-year-old Will through a Certainty Will Search

Tollers regularly work with their local council to act as a Deputy for those who have lost capacity and are unable to handle their own affairs. The firm conduct a Certainty Will Search in Court of Protection matters to ensure that they have located the last valid Will of P to establish their past and present wishes and feelings to ensure that they are acting in their best interest. Tonina Ashby, Partner & Head of Elderly and Vulnerable Client Unit at Tollers explains a recent case where the firm conducted a Certainty Will Search and an unknown Will was located.

Tonina comments:

“The firm were appointed as a Deputy for P by the local council who we work closely with on a regular basis as we have a court appointed Panel Deputy at the firm. The paperwork that we were provided with indicated that there was no Will. In our role as Professional Deputies, we need to establish the existence of a Will to provide certainty of end of life wishes for P and also to establish the ultimate destination of their assets. This enables the Deputy to ensure that specifically gifted legacies, for example, are not sold. Therefore, conducting a Certainty Will Search will ensure that myself and the firm have done everything possible to locate a Will.”

Tonina conducted a Certainty Will Search which searches for Wills that have been registered on The National Will Register and for Wills that have not yet been registered. A 1995 Will was located at a local law firm.

Tonina continues:

“The Certainty Will Search was able to locate a Will at a legal firm close to our offices. Often when you are approached by the council to act as a Deputy for somebody who has lost capacity, you are not given a great deal of detail of their affairs as P is often unable to supply their financial and legal information to the council. Therefore, it is important as a Deputy to establish P’s wishes so that we can always act in their best interests. By locating their Will, this greatly assists in such matters. A Certainty Will Search is invaluable and ensures that we can easily locate any previous Wills to help fulfil our duties as Deputies, particularly for Statutory Will applications where this is expected.”

For further information on the type of searches you can carry out, please contact The National Will Register via their website, call 0330 100 3660 or email [email protected].


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

Certainty the National Will Register

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 [email protected].

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