Another Diy Will Q? (probably)

Mojisola

SuzieSue wrote: »

I think that he or someone he knows has set up a service for storing wills so that this can't happen to anyone else.

There's no need for a private company -
https://www.justice.gov.uk/courts/probate/depositing-documents-for-safe-keeping

Errata

Mojisola wrote: »

There's no need for a private company -
www.justice.gov.uk/courts/probate/depositing-documents-for-safe-keeping

Excellent advice, I believe it cost a one-off fee of £15. Anyone that uses the service should let as many relatives and appropriate others know that's where their will is stored.

prettyfires

Brilliant idea !!
Fantastic service - why is kept so quiet....

Hope solicitors 'must' check it before allowing probate/ confirmation on a previous will....

Errata

prettyfires wrote: »

Brilliant idea !!
Fantastic service - why is kept so quiet....

I don't think it is, it's simply that people spend more care, time and attention to choosing a new car than they do to making a will and ensuring its safe storage.

prettyfires

Originally Posted by prettyfires
Also be warned that the first person to get the will they have for the deceased registered for probate will be the 'winner' even if it is not the last will - unless of course you have a lot of money to drag it through the courts - even then the person could have spent it all and you will never see it . All allowed by law....

Mojisola wrote: »

I'm not sure you're right here.

There should be a sentence in every will revoking any previous wills. As long as the later will has been signed and witnessed correctly, the earlier will will fail.

It is true and no the earlier will will not 'automatically' fail.
Below is the reply I received from the HM Commissary ( whom you apply to get probate);
If Confirmation has already been granted, the only way to have it overturned would be to apply for an action of reduction in the Court of Session. If the Confirmation is reduced by that court, a new application for Confirmation can then be lodged at the Sheriff Court having jurisdiction over the area in which your mother resided. For information about raising an action of this type please either contact the Court of Session or take advice from a suitably qualified solicitor. It is not possible to apply for this type of action in the Sheriff Court.
Therefore is someone else has 'beaten you to it' you still have to go to very expensive Court of Session to get your loved ones last wishes honoured - if someone has the money and the strength to do so.