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Will Register and Will Search
Solicitors for the Elderly is pleased to be able to make Certainty Will search available to its members through our new www.certainty.org.uk/sfe. We believe that this is a highly valuable and extremely relevant service that is representative of best practice and prudent risk management.
Understanding right at the beginning of the process whether a Will or subsequent Will exists or not, is now an important ‘first step’ which helps determine who the rightful beneficiaries are and reduces the risk of a Will or subsequent Will appearing after distribution.
Certainty Will Search finds Wills which otherwise would have been overlooked or presumed never written! Distributing an estate without a Certainty Will Search now presents a risk for executors, administrators, beneficiaries and the profession in general.
Legally referenced as a tool to avoid negligence
Certainty Will Search is formally referenced as a procedure the practitioner should undertake to avoid negligence during estate distribution and demonstrate best practice (notably referenced in the Law Society’s Probate Practitioners Handbook and Tolleys Estate Administration Guide, Lexis Nexis Practice and Practical Law Company Guidance and Practice Notes).
Key risks in relation to this area of work which a Certainty Will Search helps resolve include; not proving the most recent and valid Will, distributing the estate under an intestacy where a Will exists but adequate steps have not been taken to find it and not making administrators or executors aware of their options to check that they are distributing the correct Will.
In summary this means a low cost Certainty Will Search provides a high level of protection.
The only person who knows for certain whether a Will exists or not, or that you are holding the last Will is the testator themselves. To help confirm the existence of a Will or prove the Will you hold, we recommend carrying out a low cost Certainty Will Search.
Understanding right at the beginning of the estate distribution process whether a Will or later Will exists or not is best practice and lower the risk profile for you and your firm and importantly the client.
Last year approximately 85% of PII providers included Certainty Will Search on their proposal form. Using Certainty reduces your risk profile in the eyes of the insurer because you are taking recognised measures to reduce the risk of a claim.
- Why should you Will Search first?
- Extract from the Law Society’s Probate Practitioner’s Handbook
- Lexis Nexis & PLC issue new Will Search Practice Notes
- Searching makes total sense
- Certainty Will search Brilliant
- Certainty provide Will search with COLP advice line
- Searching to bring PII premiums down
- Will Found Probate Won
"The National Will Register found my Grandfather's Will which was written 34 years ago" D Thomas
"It was vitally important I found my mother's Will, the National Will Register found it" S Bradley
"The National Will Register gave us the peace of mind that we had done everything possible to find the last Will" K Adams
"Not only did the National Will Register find the current Will but also an older one" A Wills and Probate Solicitor
"Thank you National Will Register, Will search performed, Will found in 48 hourss" B Taylor