How to Find a Will & Funeral Insurance Information

A common dilemma when someone dies unexpectedly is how to find out if someone has a Will and how to get a copy of a Will if the deceased left one behind.

If a loved one dies overseas or even in the country without having left any clue or instructions about their final wishes, another challenge would be how to find out if a Will exists in Australia.

To find out, first of all, you will need to conduct a Will search in earnest. Find out if the deceased person put a Will in place and where this may be located.

One of the most common ways to find a will is to check with the spouse, de facto partner, children aged 18 and over, parents, siblings or the Executor (person nominated in the Will to administer the Deceased Estate).

If you are unsure where the Will may be located, you should check:

• filing cabinets at the deceased person's home
• filing cabinets at the deceased person's office
• a Next of Kin's home
• a safe in the home
• a bank deposit box
• the state/territory's Public Trustee (WA – Will Bank, NSW – WillSafe, VIC – Will Bank)
• files with an accountant
• files with a lawyer

If the Will is stored by someone else, you may need to use the copy of the Will to prove the death until you receive the Death Certificate (see Step 8 – How To Get a Death Certificate) allowing you to obtain the original Will.

There may be instances where multiple Wills or multiple versions of a Will are found. It will be crucial to determine which of the Wills is valid and to be used for the Estate administration process.

If you are unsure which of the multiple Wills is valid, it is recommended that you seek legal advice from one of our carefully selected Trusted Partners near you. Their details are listed below.

What happens if you can't find a will?

If you have determined that no Will is in place and this is confirmed by family members, then you should still check if any pre-arranged funeral, pre-paid funeral or funeral insurance plans are in place as outlined below.

Note: Where no Will is in place, it is said to be an intestate Estate and will be administered according to the legislation and rules in the relevant state/territory.

4.4.1 Overview
4.4.2 If a Will Is in Place
4.4.3 If No Will Is in Place

4.4.1 Overview

When you reach this step and don't have the details of the provider of pre-arranged or pre-paid funeral services or funeral insurance plans of the deceased, you can reach out to some commonly known providers in Australia, namely:

• AIA Funeral Insurance
• American Express
• ANZ
• Apia
• Real Insurance
• Choosi
• Australian Seniors
• Insuranceline
• Zurich

Many funeral directors also offer such arrangements.

4.4.2 If a Will Is in Place

After locating the Will, you will be able to search for references to any pre-arranged funeral service, pre-paid funeral plan or funeral insurance and with which provider.
It will be worthwhile to also check who the Executor nominated in the Will is for the next Step 5 – The Role of Executor of a Will or Administrator of Estate and for the Executor to hold on to the Will.

The deceased person may have drafted a Will a while ago and as time went on, changes were required to amend certain clauses or entire sections of the Will. This can either be achieved by drafting a new Will completely or making a codicil, which is a supplementary document to the Will. If a codicil is in place, the Will and the codicil(s) will need to be provided.

4.4.3 If No Will Is in Place

If no Will was found and the Next of Kin or family confirms that no Will is in place, look for documents of a pre-arranged funeral service, pre-paid funeral plan or from funeral insurance providers, such as policy documents, letters, invoices or business cards.

If you're unsure about how to claim funeral insurance, but you have successfully identified the funeral insurance provider or funeral director, contact them to inform them of the death and check what services are covered, especially the transportation of the body at this point in time.

Also, check which provider you can choose from if specified or what restrictions and limits you need to be aware of when you work through Step 6 – Transporting a Dead Body in Australia.

As you are looking for the Will and pre-arranged funeral service, pre-paid funeral plan or funeral insurance documents, we recommend that you take all other relevant documents that may be important for the Deceased Estate administration into your custody if you will be the likely Executor or Administrator. Download our Important Documents Checklist (part of the Light Executor Checklists & Tools Package) to find out about the most commonly used documents you will need.