Solicitor has Lost the Will

ruma_2

Subsequent to a recent family death we do have copies of a will made but not signed. Ref the 'Original Will' the Solicitor that it was deposited with has commented that they had 'misplaced' it and suggest some 'Probate' based funding would be required our end to fix this. As far as we are concerned, the Solicitors (who was originally paid to draw up and save) are those who need to cover the cost and time aspects to fix 'their' problem. The reason for posting here is to ask if there's any 'advice' on how we should approach this or similarly some web addresses where we can brush up on how we should approach this. The Will resolution is needed ASAP as theie are bills already needing payment etc as a result of the death. This is worrying us at this already difficult time.
All inputs much appreciated.
THANKYOU

ruma_2

Solicitors suggests that the misplaced WILL wont ever be able to be found..

Floss

I think a call to the Law Society would help - it sounds like you are being held to ransom, i.e. pay the "probate" based funding & we'll find the will.....no cash, no will.

This is their Legal Complaints service

RAS

Hi

Have the law firm stated this in writing? If not, write to them regsitered post, stating your basic understanding and get them to confirm in writing that they have misplaced the will and that they would "like to help" if you pay them for the help.

That give you more leverage when you contact the Law Society.

Janey3

They should have a client file with a signed photocopy of the Will in it, depending on how long ago the Will was made, the file would be archived somewhere on their premises. I would ask them to look for the file. It is their error that they have lost the original, therefore they should not charge you for the work in putting it right.

Janey3

alyth

I work in a law firm. Got to be honest and say it's highly unusual that a lawyer would have lost the will, we do a lot of wills/Powers of Attorney and probate in my company and we all realise that a will is an important document and it's archived accordingly.

Given the current market, from the information you've posted it sounds as if the law firm is touting for business in asking for money up from to start the probate process - not sure what it's called in England, in Scotland it's called Confirmation when all matters are finalised.

I'm also puzzled as to why you need the original will - you will only require copies to send to the organisations you have to send the will to. Is the probate going to be complicated, can you do it yourself - have to admit it's not something I would try to do, it really is worth having a lawyer dealing with probate, but it depends on the situation.

Good luck.

patchwork_cat

http://www.lmgtfy.com/?q=lost+will http://www.contestedprobate.co.uk/

I would definately get in touch with the Law Soceity if the solicitor is accepting that one was lodged with them and now can't find it. As someone has said gettign something in writing would be a good idea. Have you checked that there is no copy at the bank?

Biggles

If your immediate problem is bills that need paying, speak to the bank - I assume you've already taken them the death certificate - they are usually understanding about meeting funeral and other immediate expenses from the deceased's account.

But you will need the original will to do any more, though unless the estate's complex, doing probate yourself is fairly painless. Obtaining probate using a copy of a will could be very tricky, which is possibly why the solicitor is beginning to panic. Any fees involved in proving a copy of a will should be met by them. If there is no copy, I believe the deceased is treated as having died intestate.

Floss

alyth wrote: »

......I'm also puzzled as to why you need the original will - you will only require copies to send to the organisations you have to send the will to.......

The copies the OP has are unsigned.

Floss

With regard to bills, write to all companies concerned & advise them that probate has not yet been granted, and promise to write again in 28 days to keep them informed.

Biggles

Floss wrote: »

The copies the OP has are unsigned.

It wouldn't matter if they were signed, banks etc will need probate, not a copy (or even original) will before they act (unless the estate's under £5,000).