Missing Will Insurance

Peace of mind for executors and beneficiaries:

  • Finance Available * See Below
  • The policy provides cover forever against the risk of a newer missing Will being found.
  • Allows the estate to be distributed without any future liability if a newer Will is found.
  • Beneficiaries would not be asked to repay any received funds from the already distributed estate.
  • The costs of the insurance policy can be claimed as an estate expense.
Missing Will Insurance

A key insurance cover for executors, personal representatives and beneficiaries

What's on this page

On this page, you will find a lot of useful information to help you arrange Missing Will Indemnity Insurance in the UK.

If you already know what insurance you need, you can click 'Get a Quote'. We will use the information you provide to obtain a quotation from our underwriting partner, CLS Property Insights, who underwrites Missing Will Indemnity Insurance on behalf of Great Lakes Insurance SE.

If you have questions on the cover you should find they are answered on this page. If not, start a chat or contact us. You can click on any of the items in 'Contents' to jump to the section that interests you.

Contents

What is Missing Will Insurance?

Missing Will Insurance is an important cover for executors and personal representatives. They can be liable if the estate is not distributed in line with the latest Will. Beneficiaries can also be made to repay their inheritance in line with a newer Will.

This can happen. Versions of Willcan be lost, misplaced, or stored in a location no one knows about. New Wills can be created without the knowledge of family members.

Wills can be hard to trace as they can be stored anywhere. They can be stored in the following locations:

In the home;

  • By other family members;

  • By a solicitor, Will writer or other professional advisor; or

  • By a bank

It is easy to imagine how a Will everyone believes to be the latest version turns out not to be.

Now imagine this Will was used as the basis of distributing the estate but the new Will is found that is different.

Maybe the new Will requires the estate to be distributed differently. Or the new Will includes different beneficiaries.

This would likely lead to a legal dispute over the previous Will and how the estate was distributed.

In the absence of insurance, this would create a potentially significant liability for the executors, personal representatives, and beneficiaries.  They would have to fund any legal defence.  If the challenge was successful, they would have to repay the beneficiaries contained in the new Will.   

Missing Will Indemnity Insurance can be purchased in isolation or combined with a missing beneficiary insurance policy for greater protection.

Why buy Missing Will Indemnity Insurance?

  • The policy provides cover forever.
  • Offers protection for the personal liability of the executor or Administrator. It allows them to distribute the estate without any future liability to the estate should an unknown Will be located which results in redistribution of the estate.
  • Beneficiaries can receive their share of the estate safe in the knowledge that if an unknown Will is located in the future, they will not be asked to repay any received funds from the already distributed estate.

Arranging Finance for Missing Will Insurance

If there aren’t funds in the estate to pay for the insurance protection upfront, you and the beneficiaries don’t need to worry.

Insuristic customers can fund the cost of any of our Probate Insurance Policies with our partner, FSL Finance.

The loan is simple to arrange, with 90% of applications being accepted immediately.

There are no arrangement fees or early repayment charges. 

Once a loan is approved, the money is paid to Insuristic to finance your insurance policies.  You will then need to pay FSL Finance a monthly amount until the loan is repaid.

If you need cover before the loan is repaid, we can help you.  Instructions on what to do in this scenario will be provided in your quotation.

You can find out more or start an application on our Probate Loans page.

What to do before you buy a Missing Will Insurance Policy

A missing will indemnity insurance policy contains some clauses that you must comply with before you buy a policy. For example:

  • The policy states that you must confirm all steps have been taken to locate a missing Will.  This includes:

    • an online search to locate registered Wills

    • A search at local Will writers, solicitors and safety deposit boxes

    • A search of the deceased's last known home(s), which could include a care home.

  •  You will also need to confirm:

    • You have contacted all beneficiaries who are entitled to inherit from the estate. 

    • That any surviving spouse or children will benefit from the estate.

So before you request a Missing Will Insurance quote, you should appoint a professional to conduct a Will search. 

Please visit our Certainty Will Search page to find out more.

How does Missing Will Indemnity Insurance work?

Missing Will Indemnity Insurance enables the executors or personal representatives to distribute the estate. It gives them peace of mind that should a new Will appear in the future they have financial protection.

If this happens, Missing Will Insurance would fund:

  • The legal defence costs associated with the challenge to the Will

  • Any other costs incurred by the insured with the prior consent of the insurer.

  • The payment of damages and money owed to Beneficiaries if their legal challenge is successful.

If you are an executor or beneficiary of an estate, you should consider purchasing Missing Will Insurance. It is a relatively inexpensive way to protect yourself from financial liability and to ensure that the deceased person's wishes are carried out.

What is insured on a Missing Will Indemnity Insurance Policy?

  • A financial loss by anyone insured on this policy as a result of a claim against the distributed estate. This will include any executors, personal representatives or beneficiaries;
  • Any defence costs; or
  • Any other costs and expenses in relation to a claim that you incur with the Insurer’s written.

What is not insured on a Missing Will Insurance Policy?

The insurer could refuse to pay a claim for the following reasons:
  • A missing Will has not been located;
  • There is a loss arising from any matter which the insured party was aware of at the Inception Date;
  • You make steps to trace a missing Will after the inception date;
  • The insured confirms the statement of fact is true where you could reasonably have been expected to know it was not true;
  • The insured party makes a claim knowing that it is false or fraudulent
  • The insured party discloses this policy exists to another person.

Cover restrictions to be aware of

Here are some conditions you need to be aware of when buying Missing Will Indemnity Insurance. There may be others, so always read your policy documents.
  • You or any other insured should not disclose the existence of this policy to a third party, other than your legal representatives, without the written consent of the insurer.
  • You or any other insured shouldn't communicate on any matter regarding the insured risk with any party who may have an interest in enforcing an insured risk. An example of this could be a new beneficiary mentioned in another Will.

Making a Claim on a Missing Will Indemnity Insurance Policy

If you receive a claim on Missing Will Indemnity Insurance you must adhere to all the claims conditions listed in the policy.

Failure to do this could mean the insurer rejects your claim, or they could reduce the value the policy pays out if the breach of conditions increases the value of the loss.

You should ensure you read and understand all of the policy conditions listed in the policy.

Here are some pointers on what you should do in the event of a claim:

  1. You should never tell a third party about the existence of this policy.

  2. If there are circumstances that might cause a claim, you must tell the insurer in writing as soon as possible. You should also provide the insurer with as much information and documentation as you can.

  3. Don't incur any costs relating to a claim without first consulting your insurer

  4. Never admit liability or offer to pay or settle with someone else. You should refer the matter to your insurers claims team.

  5. Pass all correspondence and requests for meetings to your insurer's claims team.

For full details of your claims conditions, you must read your policy wording or speak to the insurer's claims team for guidance.

Frequently Asked Questions

Why not try Insuristic for a Missing Will Insurance Quote?

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About the Author

Rob Faulkner CEO of Insuristic

Hi, I'm Rob, CEO and Founder of Insuristic. My mission is to make insurance easier to understand and buy online.

I hold an Advanced Diploma in Insurance (ACII) which demonstrates I have a solid technical understanding of Insurance and have committed to continuous professional development. I am also a member of the Chartered Insurance Institute and hold the a Chartered Insurance Broker status.

Over the last 27 years, I have worked for insurers, insurance brokers and insurance technology businesses, specialising in product, sales and marketing.

You can find out more about me on my author page.

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