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Is there a valid will?

A will is usually accepted as valid if it:

• is signed by the deceased and two witnesses
• is dated
• clearly indicates the deceased's wishes

It does not have to be:

• drawn up by a solicitor or name an executor
• written on a printed will form

Contacting the executor or beneficiaries?

If you have what appears to be a valid will, you should write to the executor informing them of the person's death and asking them to take over the administration of the estate.

If you do not receive a reply and someone different is named as beneficiary, you should write to them explaining what has happened, suggesting that they approach the Probate Registry. Where no executor is named, you should write directly to the beneficiary.

Where there is a valid will and an entitled relative, the will takes precedence.

It may be that you do not have the will but you believe that there is one (perhaps because of a note among the deceased's papers suggesting that the will is held by a firm of solicitors or a bank). In this case you should write to whoever may hold the will, asking them to pass details of the person's death on to the executor.

If you hold any assets or have a claim against the estate yourself, it is a good idea to ask for the executor's name and address so that you can pursue the matter.

What if you cannot contact the executor or beneficiaries?

It will not always be possible for you to get in touch with the people named in the will. If it is old, for instance, they might have moved away from the addresses given or might have died. People often make a will naming one person as executor and sole beneficiary and then forget to make a new one if that person dies.

In these cases, even though the will may be legally valid, the deceased's wishes cannot be carried out, so you should proceed as if there is no will at all. But if the estate is referred to the Treasury Solicitor, you should send the Treasury Solicitor the will if you have it.

Get in touch

If you are in any doubt about whether an estate should be referred to the Treasury Solicitor, or need any further information regarding ownerless property (bona vacantia) or the Treasury Solicitor’s requirements, then please get in touch.

Treasury Solicitor's Office (BV)
One Kemble Street
London
WC2B 4TS

Tel. 020 7210 3116/3117
Fax. 020 7210 3104
Email: bvinfo@tsol.gsi.gov.uk

How to refer a case to the Treasury Solicitor

If you are satisfied that this is an estate that should be referred to the Treasury Solicitor, then you can either complete the referral form using the deceased person notification form link below or download and return to the above address.

Sending papers and valuables

When you send papers and valuables to the Treasury Solicitor, please follow the procedures below to assist with security and safe transit:

• all documents of value such as title deeds and share certificates should be scheduled and sent by recorded delivery
• credit/debit and store cards should be cut before you send them, to avoid fraud
• all bank or building society passbooks should be scheduled and sent by recorded delivery
• please do not send cash through the post
• please make cheques payable to The Treasury Solicitor, and write the case reference and name of the deceased on the back
• please keep jewellery somewhere safe until the Treasury Solicitor sends you instructions on how to dispose of it

• Fill in the deceased person notification form online Opens new window

• Download the deceased person notification form (PDF, 55K)

• Download the deceased person property form (where a freehold or leasehold property is owned by deceased) (PDF, 43K)

More about referring an estate to the Treasury Solicitor

• Referring an estate to the Treasury Solicitor - introduction

• Referring an Estate to the Treasury Solicitor: entitled relatives

• Referring an estate to the Treasury Solicitor: solvency