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Solicitors has closed down - problem with will?

Hi,

My mother has just been diagnosed with two types of cancer, and from what the doctors have said she has not got much time left.

She has asked me to get her paperwork in order, which I am in the process of doing.

However, when I went to contact her solicitor with regards to her will, I have found out that the solicitors has closed down and can`t be contacted.

I have a copy of her will done by these solicitor, but not the original.

Due to the solicitors closing down and not being able to obtain the original will, will I be able to use the copy as the original? If not I hope someone can help me with what I should do now as I am panicking about what will happen when she dies.

I haven`t told my mum about this yet, as she has enough to worry about already.

Any help would be much appreciated.

Regards

Max

Comments

  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    The firms stuff will be some where, another solicitors or the SRA should have them

    http://www.sra.org.uk/faqs/contact-centre/public/06-interventions/documents.page

    might help
  • pelirocco
    pelirocco Posts: 8,275 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    you won't be able to use a copy . When my MIL died we thought we had original but turned out to be copy and the probate office said it couldn't be used (luckily original turned up )

    If possible you should get her to write a new one
    Vuja De - the feeling you'll be here later
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    It is not totally unknown for a copy to be accepted for probate - but it is unusual and is expensive in legal fees. Certainly not to be relied on


    It's more than likely (post #2) that the original will be found.
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 February 2014 at 2:29PM
    Won't the only difference between the original and the copy be the signatures? Sounds like your mum is mentally able and if she re-signs the copy with witnesses it will turn into an original?
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • My thoughts exactly. If it needs any corrections making then it should probably be retyped and, if the defunct solicitors are named therein, they should be removed and suitably substituted.
    It should also be dated with a current date so it supercedes the 'original'
  • madbadrob
    madbadrob Posts: 1,490 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Contact the SFA they will tell you where the papers of the now defunct firm are held. If they dont have the will you will need to have another made because a copy will only be accepted if a court agrees. This is expensive to do. You could just type out the will again and then have two people witness the will and your mum signing the will

    ROb
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