Searching for a Will? Here’s where to start

Is there a registry of Wills in Australia? 

Unfortunately, there is no single Australia-wide registry or storage system for Wills.

When someone passes away, family members, Executors or solicitors may need to contact a range of people and organisations to determine whether a Will exists and where is may be stored.

Some of the first places to check include:

• Local law firms or lawyers known to the deceased

• Trustee companies 

• Banks or other financial institutions  
• Accountants or financial advisors

In some Australian states and territories, government-operated Will storage or registration services may also exist. 

Locating a Will can take time

As Gina explains, finding a Will often requires significant groundwork.

In some cases, loved ones may need to search through personal belongings, paperwork, emails or storage boxes to locate an original signed Will.

This process can be time-consuming and emotionally difficult, particularly while grieving the loss of a family member.

However, locating the most recent valid Will is essential to ensure the deceased person’s wishes are carried out correctly, and the estate can be administered properly.

What happens if a Will can’t be found? 

If all reasonable searches have been exhausted and there is no valid Will, the person is considered to have died intestate.

This means the estate will be distributed according to intestacy laws in the relevant state or territory, rather than according to the deceased person’s wishes.

Under intestacy, the law (not the deceased person) determines:

• who inherits the estate
• how assets are divided
• who is entitled to apply to administer the estate

Common impacts of intestacy include:

• delays in estate administration
• increased legal complexity
• potential disputes between family members
• outcomes that may not reflect the deceased person’s wishes

If you’re in this situation, it’s important to seek legal advice before taking further steps. Our experienced Wills and estate lawyers can help.

Read more: Dying without a Will: Intestate law explained

Don’t leave your loved ones searching

Having a valid and up-to-date Will is one of the most effective ways to reduce uncertainty and stress for your family after you pass away.

It’s equally important to ensure your Will is stored somewhere secure and accessible, and that someone you trust knows where to find it.

Keeping your Will with a trusted law firm, professional storage provider or secure institution can help avoid unnecessary delays and confusion later on.

Legal support for Will Executors and Administrators

If you are acting as the Executor or Administrator of a Will, it’s important to understand your legal responsibilities and the steps required to finalise the estate correctly.

These responsibilities can be complex, particularly where:

• a Will can’t be located
• there are multiple beneficiaries
• disputes arise between family members

We’re here to help

Our experienced Wills and Estates team can assist with:

• Probate and Letters of Administration
• Executor and Administrator responsibilities
• Locating or validating a Will
• Estate administration support
• Intestacy and Will disputes

If you need support after the loss of a loved one, seeking advice early can help you better understand your options and responsibilities. Contact us today to discuss your options.