Lost an Original Will

[rswift]

I am doing the probable on behalf of my Mum, for my late Dad's will. She needs it to release about 10k of funds held in a Barclays ISA, everything else was in joint names, and relatively straightforward.

My Dad left a will, leaving everything to my Mum, so quite straightforward, but the version of it she has has appears to be a copy not the original. The probable office require an original.

I have contacted the solicitors involved, who claim that they don't have the original, or they can't find it.

I have no way of proving or otherwise that they may or may not have had the original.....they are a painfully slow old fashioned local company, who are inept at returning messages, even worse at emails.

Any ideas how I can resolve this, the will was written in 1993, would there be any central register of wills, or requirement for a solicitor to register a Will 22 years ago ?

[Orillion]

rswift said:

My Dad left a will, leaving everything to my Mum, so quite straightforward, but the version of it she has has appears to be a copy not the original. The probable office require an original.

I have contacted the solicitors involved, who claim that they don't have the original, or they can't find it.

I've just been through this experience. The solicitors did not even reply to my letters. When I informed the probate people,
I was told that a subpoena could be issued. This had a remarkable effect on the managing partner of the solicitors, and the
problem was quickly resolved.

[rswift]

Thank you, thats a really interesting point.

How long did you give the solicitors to return your calls etc ?, and did you just write informing of your intentions.

I tried ringing the "probate helpine" this morning, but didn't have time to wait for them to answer. I emailed the query, and got a return email saying that they will reply "within 10 days".

[bairn7]

Generally, original copies of Wills are kept by the drafting solicitors in their safe until such time as they are needed. At that point, they are registered. At the time of signing the Will, a copy will usually be sent to the person making the Will.

My guess would be that the Solicitors have lost it and haven't been bothered to look for it.

Orillion's approach sounds like a good way to proceed.

[Rude-boy]

bairn7 said:

Generally, original copies of Wills are kept by the drafting solicitors in their safe until such time as they are needed. At that point, they are registered. At the time of signing the Will, a copy will usually be sent to the person making the Will.

My guess would be that the Solicitors have lost it and haven't been bothered to look for it.

Orillion's approach sounds like a good way to proceed.

Chances are that they may have the Will, or will have handed it to testator. Given that there is a copy of the will about i suspect that the Firm has it, but has issues with their records. With something like Wills you have to have proper records of those you hold and those that have been handed to clients.

Firstly, and only because it can turn out to be the case, just check that they are a Firm of Solicitors, and not will writers or Legal Executives, etc. It maks a big difference as to who your ultimate redress is to amoungst other points.

I would write to the firm, FAO Senior Partner asking them to write to you confirming that they do not hold the will and what their records show as to who it was handed or dispatched to if they do not hold it. You could also mention that the Probate Registry might require them to provide further information in relation to this if the will cannot be found. Give them a sensible timescale to respond "I'd be most greatful if you could plese revert to me within 7 days of the date of this letter" sort of thing.

If no reply call them and ask to speak to the Senior Partner and assertain the reason for the delay/issues. Impress upon them that you really do not wish to have to take matters further but that you would like a copy of the Firm's complaints policy sent to you asap as this is highly concerning and you wish to ensure that the correct procedures are followed.

[Orillion]

rswift said:

Thank you, thats a really interesting point.

How long did you give the solicitors to return your calls etc ?, and did you just write informing of your intentions.

I tried ringing the "probate helpine" this morning, but didn't have time to wait for them to answer. I emailed the query, and got a return email saying that they will reply "within 10 days".

First letter sent 24 November 2014; second sent 8 December 2014; letter to probate on 6 January 2015. We took
the oath on 17 March 2015 and received the paperwork last Saturday, the 4 April 2015.

The probate people tend to take full advantage of the "ten day rule"!

[55palfers]

Didn't the law change recently in that now, everything automatically goes to the surviving spouse?

[aw51 121565]

55palfers said:

Didn't the law change recently in that now, everything automatically goes to the surviving spouse?

That's intestacy (dying without leaving a will), and there is a 'pecking order' of who is entitled to ingeit if there is no surviving spouse, no surviving parent (these are the top two of around five, from memory) etc.

A will, obviously, over-rides this .

[Rude-boy]

aw51 121565 said:

55palfers said:

Didn't the law change recently in that now, everything automatically goes to the surviving spouse?

That's intestacy (dying without leaving a will), and there is a 'pecking order' of who is entitled to ingeit if there is no surviving spouse, no surviving parent (these are the top two of around five, from memory) etc.

A will, obviously, over-rides this .

In deed and there are also limits on what the surviving spouse gets absolutely if the pot is big enough and there are children.

[55palfers]

Rude-boy said:

aw51 121565 said:

55palfers said:

Didn't the law change recently in that now, everything automatically goes to the surviving spouse?

That's intestacy (dying without leaving a will), and there is a 'pecking order' of who is entitled to ingeit if there is no surviving spouse, no surviving parent (these are the top two of around five, from memory) etc.

A will, obviously, over-rides this .

In deed and there are also limits on what the surviving spouse gets absolutely if the pot is big enough and there are children.

Quite, but the OP said his Father's will left everything to his wife. No real need to find the original will then?

[Rude-boy]

55palfers said:

Quite, but the OP said his Father's will left everything to his wife. No real need to find the original will then?

Without knowing the size of the estate it is impossible to say if the distribution would be 100% to the wife if he had dies intestate.

In any event we know that there was a Will and we have a copy of it. As such it is necessary to exhaust all avenues to locate this. IIRC (not my field) there is a possibility to use the copy will to get a specific type of grant for this eventuality, but only after all efforts have been made to find the original.