Cannot Trace Executor of Will

madbadrob

The address is Records Keepers Department
Principal Registry of the Family Division
First Avenue House
42-49, High Holborn
London
WC1V 6NP

It is actually deposited with the High Court and then held at the above address. This is also where all divorce absolutes are held. There is a one off fee of £20

sleepless_saver

madbadrob wrote: »

The address is Records Keepers Department
Principal Registry of the Family Division
First Avenue House
42-49, High Holborn
London
WC1V 6NP

It is actually deposited with the High Court and then held at the above address. This is also where all divorce absolutes are held. There is a one off fee of £20

The OP is talking about Scots law. The Probate Registry is for England (and Wales?) .

As there is a will and assuming it is not a small estate, the executor needs to obtain confirmation (=probate in England) from the commissary office at the local sheriff court. The will is required for that.

I don't understand why the will is not being released - the executor may need to get yet another solicitor to tackle the solicitor holding on to the will.

madbadrob

I was giving the address in Sue's post. That said I know of nothing similar in Scotland.

Like you I have no idea what legal reason the solicitor is giving for not releasing the will. In reality he doesnt own it and only needs proof of ID and death cert to release it to the executor. I already suggested obtaining the services of another solicitor.

Rob

jackyann

I too can't work out who is the "new solicitor". If he was the one who took over the cases of the "disbarred solicitor" then he would know what happened, and presumably know how to prove it.
In England, I know that you have to take reasonable steps to trace the executors, then demonstrate their lack of availability to the Probate Office. However the minutiae of Scottish law differs, I imagine it would be broadly similar and a disbarrment is a matter of public record.

John_Pierpoint

What does the will actually say: I appoint the senior partner GO Grabbit of solicitors Sue Gabbit and Runne (but if he is unable to act then any senior partner of the said firm) ?
Here in England I have twice become the last man standing on grandmother's will (trust) and simply signed a deed pointing a co [STRIKE]executor[/STRIKE]/trustee to honour the wills insistence that there should never be less than two.
Under English law the executor is the executor from the date of death, until renunciation.

You could try this site, there is a discussion about disbarment showing up on Google
http://www.scottishlaw.org.uk/

Believable rant here
http://archive.scottish.parliament.uk/business/committees/historic/justice1/inquiries-02/j1-lps-pdfs/lps-025.pdf

http://petercherbi.wordpress.com/advisory-wills-executors/

sleepless_saver

madbadrob wrote: »

I was giving the address in Sue's post. That said I know of nothing similar in Scotland.


Rob

My bad, should have quoted from Sue's post.

Savvy_Sue

And my bad too, as I was responding to securityguy's ponderings about how to be sure a will doesn't get lost, and it only applies to E&W, not Scotland. However I think it's worth pointing out that in E&W we do have this reasonably foolproof way of making sure that the original will is available, even if the solicitor who drew it up and offered to store it for you is no longer easily contactable.

But the OP's problem is that he can't get hold of the will, although he knows where it is.