Frequently, individuals approach Gordon Rees Scully Mansukhani's Estate & Trust Litigation attorneys with concerns about the absence of a will left behind by their deceased relatives. The discovery of wills in unconventional places, exemplified by the recent case of Aretha Franklin's will found beneath a couch cushion, prompts the question: where is the optimal location to search for a missing will? This article provides guidance on the matter, particularly in jurisdictions like Virginia, which recognize holographic wills entirely in the testator's handwriting.
Searching Inside the Relative's House
Commencing the search within the deceased relative's residence is a logical first step. Prioritize locations such as filing cabinets, desk drawers, and other conceivable places for essential documents. Expanding the search to less conventional areas, such as inside books, diaries, and journals, may also be necessary. Holographic wills can consist of simple notes within personal writings, necessitating thorough scrutiny. Although the process may be time-consuming, the potential significance of uncovering a will justifies the effort. Exploring less intuitive spaces within the residence, such as board game boxes, coat pockets, under furniture, and dresser drawers, may seem unlikely but is worthwhile given the potential financial implications.
Searching Outside the Relative's House
If the search within the residence proves fruitless, extending the investigation beyond the property becomes imperative. Accessing additional structures like garden houses, sheds, and barns is advisable. In cases where there is reason to believe the relative buried items, as in this example of a valuable Honus Wagner baseball card found buried in a tobacco tin, minor excavation may be considered. Checking storage units and vehicles and consulting the relative's advisors, including attorneys, financial advisors, and insurance agents, broadens the search. Advisors may possess copies of the will or leads on where to find it. If the relative maintained an office, searching this space, where copies of wills may be stored for security reasons, is advisable. It is not uncommon for individuals to safeguard their wills at their workplace, either due to concerns about the safety of their residence or to maintain confidentiality regarding the document's contents.
If the Will Remains Unfound
Persistence is vital, and if the will remains elusive after thorough searches, all hope need not be lost. In Virginia, there is no strict deadline for probating a will, which provides the opportunity for its discovery at a later date. While cleaning out the relative's property, the will may still surface. Consideration must be given to the possibility of the will's destruction. If it cannot be located despite reasonable certainty that a will existed, it may have been intentionally destroyed by the testator or another family member. Although challenging to prove, this scenario is not uncommon, as some family members may destroy a will in which they do not feel adequately provided. While the prospect of thoroughly searching a relative's entire residence and possessions may appear daunting, the potential outcomes make the investment of time and energy worthwhile. The importance of locating a will, particularly when significant assets are at stake, underscores the necessity for a comprehensive and persistent search.
The GRSM Estates and Trust Litigation practice group members can answer your questions about these types of matters. Please reach out to the author for further guidance.