When somebody dies, it’s a sad time for family and friends. And while those left behind often think they know the wishes of the deceased or assume they can get hold of a will, it isn’t always as straightforward as you might think.

Fidler & Pepper Solicitors get a lot of calls relating to wills that we may hold for a recently deceased person.

They said: “A lot of people assume that when someone they know passes away, and the deceased has made a will, then any relative can call into the solicitors’ offices to collect the original will. This is simply not the case.

“The only person who can collect the will is the Executor – someone who is named in the deceased’s will as the person to deal with the deceased’s estate.

“The executor needs to visit the office, and proof of ID for the executor is needed, as well as an original death certificate for the deceased.

“While there are ways and means around this (what happens if the Executor is dead too, for example?), but this is the general rule of thumb.

“In other cases, some people also assume that if they are appointed as an attorney in a Lasting Power of Attorney (LPA) by someone, then they are able to obtain a copy of that person’s will either whilst they are alive or after they have died. Again, this is not the case.

Unless the person making the LPA specifically records somewhere that their attorney can have a copy of their Will, the Attorney is not entitled to it unless they apply to the Court of Protection for a specific order for the contents of the will to be disclosed.

And after the person has died, the LPA ceases to have any effect and the Attorney is simply not allowed to see the will without the consent of the Executor.

Some of this is a surprise to people, but if they need to get hold of a will and they don’t know how, then they should get in touch.

Of course, this is the case when a will has been made. So much confusion and hurt can be caused when people die and they have not made a will in the first place.

“Deciding what you want to happen to your possessions after you’re gone is one of the most important decisions you can make.

“But it is fact that far too few of us have made a will. It is often seen as a depressing thing to talk about, or a difficult process.

“In our experience, a lot of our clients decide to make a will after someone they know has died because their own experience brings home to them just how important a will is.

And do you know, will making can actually be quite simple, depending on the kind of advice you need.

Fidler & Pepper Solicitors have been making wills for our clients since 1888, so we know a thing or two about them.

If you don’t make a Will, the law will dictate where your money will go. And, it is not always certain that your spouse, or even your children, will get your money in that case.

Assuming what will happen without putting it into a will can lead to upset and stress for those left behind.

We don’t think you would want to do that, so, if you haven’t yet made a will, give us a call.”