Can you find out if someone made a will?

[BG2015]

My friends daughters think their recently deceased dad did but they can't find any evidence. He was very close to divorcing his third wife (separated since 2019) and without it she will get everything.

If the will was registered you can search for it.
Do they know which solicitor he was likely to have used as tney can ask there

They've asked the solicitor who was sorting his divorce but they don't have it. I'm wondering if he didn't change it and was waiting until his divorce was final.

Can she search his home to see if a Will exists, does she know if a Solicitor was used in previous times ie divorce, house buying etc. maybe contact them to see they processed one for him. Any other relatives that might know if a Will exists. Unfortunately if he didn’t get round to divorce and there’s no Will, then yes, in all likelihood the wife will get everything.

It’s the National Will Register, but not all wills are registered.

The simplest thing would be to ask the third wife. Presumably the daughters are not on good terms with her so haven't wanted to do that, but it's a perfectly reasonable question.

I am not a lawyer but when someone dies if there is a will there will be an executor, i.e. nominated person who sorts everything out. The executor will eventually have to get probate, i.e. legal permission to distribute the assets, and from that point on you can pay to see the will for a small fee. Probate is often granted quickly if the estate is simple.

If the executor hasn't yet got probate I don't think there is any official way you can find out.

If there is no will, someone has to step up and volunteer to be the administrator, which is the equivalent to an executor named in a will. The administrator also has to get probate.

As for the third wife getting everything, it depends on what the father left. If the house was in joint names with the third wife, yes, she will get that. If he also left a lot of cash, savings, investments and so on, the wife will get a large chunk of that but the children might be entitled to some of the rest. It depends where in the UK they live (different in Scotland, I believe). Life assurance would get paid to whoever the deceased nominated as the beneficiaries. Pensions ditto, if there is anything to pay out (death in service benefits, for example).

They tried to look for a will in his house but couldn't find one. His wife has now got into the house and changed the locks. They haven't spoken to her for years and she's now ignoring any attempt to discuss things. She didn't go to the funeral.

He was also drawing an army pension so not sure if she gets any of that. The girls ( both in their 20's) reckon his assets are worth £300k. House is mortgaged but nearly paid off.

It is possible to do a ‘missing will search’ through estate search https://www.estatesearch.co.uk/services/ in addition to the register (not may people do register) they contact local solicitors to see if they hold a Will.

Sorry to hear this. She might respond to a solicitor's letter asking about the will, perhaps?

Wills become invalid when you marry. You have to make a new one after the marriage.

Yes, but they don't become invalid automatically on divorce, I think.

You can do a will search online, they only appear on the government website after probate has been granted, so it might take a few months. You just put in the name and date of death. You can get a copy for about £3.

They have rung round loads of local solicitors and nothing has turned up. His death was very sudden and is total proof that you need to make a will and talk to your children/next of kin about it.

It is causing them so much additional upset.

The difficulty of course is that the will needs to be found and I suspect his wife may not be keen on that happening if she knows what it says

If the house was joint owned with his wife, they would never have got it all anyway. Do they known if it was and, if so, whether it was as joint tenants, or tenants in common?

If he has died intestate there are strict rules around division of his assets. She won’t automatically get everything. She needs to engage with a lawyer.

The Land Registry will say who owns the house and what the arrangements are

"... and without it {the Will] she [his third wife/surviving spouse] will get everything."

This isn't strictly true OP as it's dependent on the total value of the estate. If there is no Will the rules of Intestacy apply. Whilst his widow will inherit the lion's share, she will not necessarily get everything. The intestacy rules state that the surviving spouse inherits all the deceased's assets (including property), up to the value of £322k, and all their personal possessions, whatever their value. The remainder of the estate would be shared as follows:

• the surviving spouse inherits half of the remaining value of the estate above £322k
• the other half is then divided equally between the surviving children.

Of course, if the deceased's estate isn't worth more than £322k, then his third wife does indeed get everything.

Apparently he told both his daughters in January that he had changed his will in their favour as obviously his divorce was going through but there is no evidence of it anywhere.

Did they own the house as joint tenants? If so a will will still mean she automatically gets the house.

If there is no will the daughters will 50%, the wife will get the other 50, not all

Not true. If the rules of intestacy apply, his widow would inherit all his assets (including property), up to the value of £322k, and all his personal possessions, whatever their value. The remainder of the estate would be shared as follows:

• his widow would inherit half of the remaining value of the estate above £322k
• the other half is then divided equally between the surviving children.

@HarryVanderspeigle @ByQuaintAzureWasp Given that OP says the deceased father has been separated from his third wife since 2019, I think it's unlikely that he's been living in a property that they co-owned, either as joint tenants or as tenants in common.
However, @BG2015 , if these daughters need to check the ownership of their late father's property, they can do so via this link: www.gov.uk/search-property-information-land-registry

What a pity he didn't tell them where it was stored! 😩

Maybe he used a will writing service e.g. Which? Or Co-op or a local firm rather than a solicitor? Some of them also store wills.

ah ok, thanks for the clarification