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Searching for the will

Information about locating the will of a person.

A will is a legal document which explains how a person wants their assets to be distributed aft​er they die.

After someone dies, the next of kin must first find out if the deceased had a will. 

You can start by searching for the will at the deceased's home. 

If you find a will, the executor named in the will has the responsibility to deal with the estate. If there is no will, the next of kin has the responsibility to deal with the estate.  

Making enquiries about the will

If you can’t find the will at the deceased's home, you can try making enquiries with: 

  • their lawyer or the local lawyers in the area

  • local banks (if it is held in safe custody) 

  • the deceased's accountant or financial advisor 

  • NSW Trustee & Guardian 

  • the Supreme Court of NSW.

If you make enquiries with local lawyers, you should provide them with the following details:

  • the deceased's full name

  • their address

  • date of death

  • information about your relationship to the deceased, for example, that you are the deceased's spouse.

If a lawyer contacts you to tell you they do hold a will for the deceased, they can ask you to provide a copy of the death certificate and your identification to prove your relationship to the deceased. 

Sample: Letter to local lawyers

NSW Trustee & Guardian provides a service where they will safely store a person's will. For more information, see  Learn about wills. To find out whether NSW TAG holds the deceased's will, see Find out if we hold a Will made in NSW on the NSW Government website.

Finding more than one will

If you find more than one will, the most recent will revokes (cancels) any previous will made by the deceased. 

If you find another written document that makes some changes to a will, this is called a 'codicil'. A codicil is a separate document that adds to a will, and if there is a will and a codicil or codicils these documents will be read together. A codicil should also be signed and witnessed by two other persons.

What to do with the estate

If you find the will, the executor has the responsibility to deal with the estate. If the person had no will, then the next of kin is responsible.

The estate is all the property owned by the deceased, including property, money and personal goods.

For more information, see  What to do with the estate.