Locating the Missing Will of a Deceased Person

When someone close to you dies and you are unable to locate the will, a Lawyer may be able to help you. When seeking a missing or lost will, the Lawyer will make the necessary enquiries of you to ensure that you are someone who is entitled to track it down i.e., a parent, child or spouse. To connect to a lawyer who can help you, visit www.seealawyer.com.au.

To have the peace of mind that your own will can be located when it is required, make sure you ask your Lawyer to register it on the Law Society’s Wills Register. Law Firms in South Australia have access to the Law Society’s Wills Register identifying the Law Firm who either holds the will or created the will and may have useful information to assist you further. The Wills Register is not an exhaustive list of all wills created; however, it currently contains over 70,000 wills and is continuing to grow over time.

To enquire if the will you are seeking is on the Wills Register, please contact the Ethics and Practice unit via email, with the name of the testator and any other relevant details.

If the will you are seeking is not on the register, you or your lawyer can also place a notice in the Law Society’s weekly e-newsletter (InBrief) notifying lawyers across the state that you are searching for this will, which can often lead to positive results. If your lawyer is part of a Member Firm, the notice can be included in one issue of InBrief, free of charge. For lawyers from non-Member Firms, as well as members of the general public, the cost is $99 per inclusion, per issue.

The key requirements for the notice are:

  • Full name of testator;
  • Last known address;
  • Date of death;
  • Date of birth;
  • Contact details of the individual seeking the will (email and telephone preferred); and
  • Evidence of death (such as a funeral notice or death certificate).

Please contact Elle Ashton via email with the above requirements to place a Missing Will notice in InBrief.

For further information on what to do when someone dies, visit the South Australian Government Births, Deaths and Marriages website.

If you are a Lawyer looking for more information about the Wills Register, click here.