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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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If I seal a will in an envelope marked last will and testament

Customer Question

If I seal a will in an envelope marked last will and testament can the police open it read it and or use its contents plus if a will is lost does a previous will become the legal will thanks
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.

Law Denning :

Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Law Denning :

Can you explain your situation a little more?

JACUSTOMER-0cz1ni97- :

I want to keep a will in my safe but If ever the police search on an unrelated criminal matter will they be able to look at the will by the way the will is not mine but my sons who has no criminal record

JACUSTOMER-0cz1ni97- :

further if a will is lost does the previous will become a legal will

JACUSTOMER-0cz1ni97- :

actually the second part is more important than the first

Expert:  James Mather replied 4 years ago.

If the police have a search warrant, they are entitled to look at everything including Private mail and papers and the will would be included in that.

If he writes a new will the new will revokes the old will, that is actually in the wording and must be by law to make the second will legal.

Therefore, if the second will is lost, the first will is no longer effective (and he legally dies intestate) although that is not to say that unscrupulous relatives who seek to profit from the death and the first will not going to say that it was the last will.

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