Solicitor has Lost the Will

localhero

ruma wrote:

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.

Hello Ruma, first of all sorry to hear of your loss. From the limited information provided I assume that you are the, or one of the executors and that the value of the estate exceeds [FONT=&quot]£[/FONT]5,000.

First of all you will need to write a letter to the banks/credit card cos/utilities enclosing a copy of the death certificate notifying them that the account holder has died and that you are dealing with estate. Ask them to provide a balance as at the date of death of the funds/debt and state you will contact them again once you have obtained the grant of probate.

When you have an indication of the value of the estate you will need to obtain and complete the appropriate forms for probate. Now here's the tricky part. Where the original Will cannot be located there is a presumption that the deceased had destroyed it before they died. However, this presumption can be rebutted if there is evidence that the deceased didn't destroy the Will.

A copy of the Will can be lodged with probate with this evidence. This will usually be in the form of an affadavit detailing why the original Will cannot be submitted, and you will probably require a solicitor to help you with this. Where a solicitor has 'misplaced' the Will, it would be wholly unreasonable for them to expect you to pay any costs to rectify the problem that they have created through their carelessness.

I think if I were in your position I would write the solicitors concerned a letter stating that since the error is on their part you fully expect them to put matters right. State that if they are unwilling to do so then a complaint will be made to the SRA and a bill for the costs borne for the necessary remedial work will be submitted to them for payment.

This should be sufficient for them to sort the matter out, but if it isn't you will need to find a suitable solicitor to assist you. STEP would be a good starting point.

The problem of Wills disappearing from solicitors is a common one as solicitors retire/disappear/merge fairly frequently. The fact this firm is still around helps, but their response to the situation is especially poor.

Best of luck with everything.