Is there a central registry for wills?
Is there a central registry for wills?
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tonyvid

Original Poster:

9,889 posts

265 months

Monday 29th June 2009
quotequote all
This is actually on behalf of my father...

My parents have a very old family friend who died recently, my father was the executor for her first husband who died about 10 years ago and believes he is executor for her as well. She remarried a few years ago to a chap she didn't love but it was for company - all out in the open as he was a devout catholic and he "wouldn't live in sin", a lifetime bachelor. There is a problem as he has pretty severe Parkinson's and communicating is a nightmare.

They know she made a will, new chappie was not to be the main beneficiary but there is no sign of where the will is, the previous solicitor wasn't involved. So, is there a central listing that a solicitor can access to find out if one has been lodged elsewhere. In the absence of the will, they presume new chappie will automatically get the lot...and there is a lot! scratchchin

Tiggsy

10,261 posts

274 months

Monday 29th June 2009
quotequote all
there is no register....anyone can write their own will and "lodge" it under the matres is they want (and are stupid)

if she dies with no will then the intestacy laws are more complex than "spouse gets the lot"....google intestate.

Alex97

1,121 posts

210 months

Monday 29th June 2009
quotequote all
Well if the will was made before she married, her marriage would automatically revoke it.

Jgtv

2,130 posts

219 months

Monday 29th June 2009
quotequote all
No register unfortunately and yes if she is remarried it automatically goes to the husband.

I would go over her stuff with a fine tooth comb, an invoice from the new firm of solicitors or even the will itself might turn up.

otherwise her family might stand to loose out on anything.

tonyvid

Original Poster:

9,889 posts

265 months

Monday 29th June 2009
quotequote all
Jgtv said:
No register unfortunately and yes if she is remarried it automatically goes to the husband.

I would go over her stuff with a fine tooth comb, an invoice from the new firm of solicitors or even the will itself might turn up.

otherwise her family might stand to loose out on anything.
That is what he is doing at the moment but the house is rammed after 90 years. According to neighbours, she did a new will after re-marrying, new chap is a right meanie and there is a suspicion he knows all about it but isn't telling....

grumpyscot

1,293 posts

214 months

Monday 29th June 2009
quotequote all
Jgtv said:
No register unfortunately and yes if she is remarried it automatically goes to the husband.

I would go over her stuff with a fine tooth comb, an invoice from the new firm of solicitors or even the will itself might turn up.

otherwise her family might stand to loose out on anything.
Unless, of course, the person lived in Scotland (or wrote the will in Scotland) where the laws of inheritance are quite different, and where subsequent marriage does not revoke a will.

DCS01

350 posts

204 months

Monday 29th June 2009
quotequote all
If there was / is no will ask for probate, this should put a hold on any automatic transfer of the estate. Have a chat with someone with a legal background, lawers should give a half hours time free under legal aid.

tonyvid

Original Poster:

9,889 posts

265 months

Tuesday 30th June 2009
quotequote all
Thanks for all the tips chaps thumbup

Hyperion

16,563 posts

222 months

Tuesday 30th June 2009
quotequote all
There isn't a register as such, but there is a secure central storage facility for Wills in London. We pay something like £20 a year to keep ours there...can't remember the name of it though?

Tiggsy

10,261 posts

274 months

Tuesday 30th June 2009
quotequote all
lots of will writing firms have storage...there is no "central store" and even if there were....it's just like a box at the bank, you aren't getting it without authority.


also - does she have kids? because if she does the laws of intestacy are more complex than "mr gets the lot"




Edited by Tiggsy on Tuesday 30th June 11:32

tonyvid

Original Poster:

9,889 posts

265 months

Tuesday 30th June 2009
quotequote all
Tiggsy said:
also - does she have kids? because if she does the laws of intestacy are more complex than "mr gets the lot"
Nope, only a couple of old sisters who are childfree as well, they are married and their spouses have various nieces etc.

Lurking Lawyer

4,535 posts

247 months

Tuesday 30th June 2009
quotequote all
DCS01 said:
lawers should give a half hours time free under legal aid.
Just to correct an often-seen-on-PH misconception, there is no obligation on solicitors to do so - and it's certainly not pursuant to any kind of Legal Aid. That has been all but phased out for civil claims.

A lot of lawyers will offer a fixed fee initial interview, or will discuss with you free of charge briefly what your claim is about and whether it's worth pursuing. If the latter, it's in their discretion and they don't get paid for it.

DCS01

350 posts

204 months

Tuesday 30th June 2009
quotequote all
lurking lawyer, Thank's for the up date on that one. Long long time since I needed a lawyer.