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  • FIRST POST
    • ABARKIE
    • By ABARKIE 14th Jun 17, 5:57 PM
    • 162Posts
    • 41Thanks
    ABARKIE
    Solicitor refusing to give a copy of a will
    • #1
    • 14th Jun 17, 5:57 PM
    Solicitor refusing to give a copy of a will 14th Jun 17 at 5:57 PM
    Hi

    My partner's father passed away on Monday evening.

    He had paid for a funeral plan.

    He had also prepared a will, of which we have an unsigned draft copy - naming myself, my partner and her brother as trustees.

    The solicitor is refusing to let us have a signed copy until they have sight of the death certificate and meet all three of us.

    Can they do this?

    What is the protocol / correct procedure?

    On the draft will, I could not see an Executor being named, however, both my partner's parents indicated they would wish for me to perform this role.

    Any advice welcome

    Thanks
Page 2
    • getmore4less
    • By getmore4less 15th Jun 17, 6:47 AM
    • 29,753 Posts
    • 17,791 Thanks
    getmore4less
    if there are no named executors then there are rules for the order people can apply for a grant of administration and it won't be random inlaw first.

    It may be that you don't understand what has been written and there are named executors.

    perhaps post the wording and make sure you include the bit where it talks about trustees.
    • Mojisola
    • By Mojisola 15th Jun 17, 7:59 AM
    • 28,205 Posts
    • 71,723 Thanks
    Mojisola
    Why have they not given their client a copy of the signed will - that is my concern
    Originally posted by ABARKIE
    I've never had a copy of a signed will. A new will usually goes through several versions until it says exactly what I want and has been thoroughly proof-read - that gets printed off, signed and witnessed and stored by the solicitor.

    I get a copy of the unsigned will emailed to me for my records.
    • maximumgardener
    • By maximumgardener 15th Jun 17, 11:33 AM
    • 249 Posts
    • 101 Thanks
    maximumgardener
    of course the solicitors will require to see the death certificate before discussing matters further and sharing the signed & dated will
    • Ziggazee
    • By Ziggazee 19th Jun 17, 2:00 PM
    • 445 Posts
    • 571 Thanks
    Ziggazee
    What's the rush? It's not as though you have to wait months for the death certificate. Just calm down, stop pestering everyone and jumping to conclusions, let things take their course, and all will become clear in a few days.
    • Ziggazee
    • By Ziggazee 19th Jun 17, 2:01 PM
    • 445 Posts
    • 571 Thanks
    Ziggazee
    Why have they not given their client a copy of the signed will - that is my concern
    Originally posted by ABARKIE


    Maybe they did. Just because you can't find it doesn't mean they didn't.


    You seem to be marching well ahead of yourself here. Just wait and let things happen at a normal pace.
    • Smiley Lady
    • By Smiley Lady 24th Jun 17, 11:39 PM
    • 9 Posts
    • 9 Thanks
    Smiley Lady
    Also, don't be surprised if the solicitor asks for proof of identity i.e. passport or driving licence. To be honest until you know the contents of the will - it may have been changed unknown to you - there is nothing you can do. The solicitor can do nothing until they have an original copy of the death certificate. I was executor for my Dad and had over 20 copies made at the time I registered his death (cheaper doing it like that than requesting more later on) but I knew there would be many institutions that would require these. Also, until all the paperwork has been collected together you do not really know what the dead persons assets are.
    Good luck!
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