How to Locate a Will After Someone Dies in Australia
When a loved one passes away, one of the first and most important tasks is to locate their last will and testament. The will provides essential instructions for how their estate should be managed, who the executor is, and what their final wishes were.
At eziFunerals, we understand that this process can be overwhelming. This guide will help you understand how to find a will after death, where it might be stored, and what to do if you can’t find one.
Why Locating the Will Is So Important
A will is a legally binding document that outlines:
- Who will act as the executor
- How the estate should be distributed
- Specific bequests and gifts
- Funeral wishes or burial preferences (in some cases)
Without a will, the estate will be handled under intestacy laws, which may not reflect the deceased’s true intentions and can cause delays, disputes, or additional costs.
Where to Look for a Will in Australia
If you are the next of kin, executor, or legal representative, here are common places to search for a will:
1. At Home
Check personal files, safes, desk drawers, or filing cabinets. Look for an envelope marked “Will” or any folder related to legal or financial documents.
2. With a Lawyer or Solicitor
Many people store their original will with their lawyer. If you know the deceased’s solicitor, contact them to check whether a will is held in safe custody.
3. Bank Safe Deposit Boxes
Some individuals keep important documents in a bank vault. You may need legal authority or death certificate proof to access it.
4. Executor or Family Member
The deceased may have given a copy of the will to their named executor, spouse, or trusted family member. Ask those closest to them.
5. Online Will Storage or Legal Services
With the rise of online will platforms, it’s possible the deceased stored a digital copy. Check their email inbox or contact known online legal service providers.
6. The Supreme Court (Probate Registry)
In some cases, a copy of the will may have already been lodged with the Probate Division of the Supreme Court in the relevant state or territory — especially if probate has been granted.
What If You Can’t Find the Will?
If no will can be found, or you’re unsure if one exists:
- Ask close relatives or friends if they are aware of any plans
- Contact local solicitors the person may have used
- Advertise a notice seeking information (via legal or estate channels)
- Prepare for the estate to be handled under intestacy laws if no valid will is located
In these cases, the estate is usually distributed to the next of kin in a set order determined by law.
Is There a National Will Registry in Australia?
No — Australia does not have a centralised will registry. This makes it especially important for individuals to tell someone where their will is stored or to use a trusted service like eziFunerals to record their end-of-life wishes securely.
What Happens After You Find the Will?
Once the will is found:
- Read it carefully to understand the deceased’s wishes
- Identify the executor (the person responsible for managing the estate)
- Apply for probate (if required) through the Supreme Court in your state
- Follow the legal steps to carry out the terms of the will
If you’re the executor, you may wish to engage a solicitor or estate administrator to guide you through probate and estate distribution.
How eziFunerals Can Help
At eziFunerals, we offer:
- Tools to record and securely store your funeral and will information
- Resources to help families locate and understand wills
- Referrals to independent lawyers for probate and estate matters
- Guidance on what to do when someone dies
- Funeral planning support and comparison tools
We’re here to make a difficult time a little easier.
Need Help Finding or Managing a Will?
Whether you’re trying to locate a loved one’s will or want to ensure your own is easy to find in the future, eziFunerals can help.
Visit: ezifunerals
Call: 1300 236 402
Email: support@ezifunerals.com.au