If there is a Will?

The first question that you, as Next of Kin, must ask is whether the deceased made a Will.

If there is no Will, please go to If there is no Will.

Where is the Will?

You must locate the Will as a matter of utmost priority. It might have been kept somewhere safe at home, or with the deceased’s Solicitor or Bank.

When was the Will made?

It is very important to avoid any confusion as to which Will is the most recent.

Who are the Executors named in the Will?

When the Will is found, the first task is to identify who has been named as the Executors (usually there will be more than one). The Executors have been given the responsibility of sorting out the deceased’s affairs.

It is likely that you, as Next of Kin, will have been made one of the Executors. In any event, the other Executors will need to be notified of their appointment as soon as possible.

Their first responsibilities are to help appoint a Funeral Director, register the death and confirm the arrangements for the funeral.

With regard to the funeral, the Executors will usually take account of any instructions by the deceased although they are not legally bound to do so.

The Executors will then commence the process of obtaining Probate on the Will. For the procedure involved, please see the Legal & Financial part of the Next of Kin section.

For further information on the role of the Executors, please click here (PDF file help).

In appropriate circumstances, check if a Guardian has been appointed.

If a Guardian has been appointed, they must be notified as a matter of priority.

Is there a Discretionary Will Trust?

If there is a Discretionary Will Trust, it is important for it to be located. It might be kept somewhere safe at home, or with the deceased’s Solicitor or Bank.