Only non-certified copy of will available - what to do?

Mojisola

Tuesday_Tenor wrote: »

Opening post is a bit ambiguous:
OP explicitly says he/she is sole beneficiary, but codicil for another grandchild rather implies other bequests, otherwise it doesn't make sense.

A codicil made after a new grandchild could relate to what happens to the estate if the daughter (the grandchildren's mother) died before her mother.

BobQ

OP
If you cannot find a valid Will just apply for a Grant of Administration. You can enclose the copy of the Will and state what you have done to try and locate it. They will soon tell you if they think you have not exhausted all the options for finding it.

In this case it appears not to matter as you will still inherit the lot as the only child.

http://www.adviceguide.org.uk/wales/relationships_w/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm

One thought about the Will have you asked the Bank if they have the original of the Will.

nightsong

Thanks everyone

I'm still waiting for one solicitor to get back to me but pretty sure the will is gone. But will check with the bank, that's a good idea.

Just to clarify - yes the estate is big enough to require probate (I checked with the bank) and yes, the estate was to be divided between OH and our children if I predeceased her - she named our first two children in the first will and changed it to "any surviving children" in the codicil.

I think as people have suggested I will be applying for letters of administration and then administer the estate according to her wishes.

However, I'm almost embarrassed to ask you again, but ANOTHER problem has arisen. My mother's birthday, afaik, was at the end of April. However, some of the paperwork shows a DoB in May.

I asked my aunt about this and she said my grandfather got the date wrong when registering the birth !!!!!!!!!!! He gave a date a week later than the actual birth.

The date in April (which is what I gave the registrar when registering the death) is correct, but she used the date on her birth certificate (the one in May) for some things, e.g.that's what the NHS has.

Of course there's no sign of her birth certificate ....

I can't help thinking this is going to affect things (to put it mildly) but don't yet know how. Any thoughts please on what I should do? For example which date should I put on the probate forms?

Thanks for your long-suffering patience!

Mojisola

nightsong wrote: »

However, I'm almost embarrassed to ask you again, but ANOTHER problem has arisen. My mother's birthday, afaik, was at the end of April. However, some of the paperwork shows a DoB in May.

I asked my aunt about this and she said my grandfather got the date wrong when registering the birth !!!!!!!!!!! He gave a date a week later than the actual birth.

The date in April (which is what I gave the registrar when registering the death) is correct, but she used the date on her birth certificate (the one in May) for some things, e.g.that's what the NHS has.

Of course there's no sign of her birth certificate ....

You can get a birth certificate easily enough -
https://www.gov.uk/order-copy-birth-death-marriage-certificate

I think you'll find this will be a situation that has cropped up before. Your grandfather may have made a mistake when registering the birth or, as happened in my family, they didn't get the birth registered in time to avoid a fine so just changed the baby's date of birth.

nightsong

Mojisola wrote: »

You can get a birth certificate easily enough -
https://www.gov.uk/order-copy-birth-death-marriage-certificate

I think you'll find this will be a situation that has cropped up before. Your grandfather may have made a mistake when registering the birth or, as happened in my family, they didn't get the birth registered in time to avoid a fine so just changed the baby's date of birth.

Oh good, thanks. Doesn't sound TOO problematic then.

Errata

Mistakes happen. The registrar transposed my dad's first names on his death certificate and another registrar mis-spelt his name on my birth certificate.
Get a copy of the birth certificate and work to that. If you then want to set your mind at rest speak to the office you registered the death at and ask for guidance.

mossstitchmama

Word of warning. If the company who drew up your Mothers will have been taken over and it is more than six years ago, the paperwork may be long gone.

I have been through a similar situation trying to find a Deed of Variation, only to be told by the New company that they are not obliged to keep paperwork from the company they took over beyond six years. It has cost me about £150,000.00.

nightsong

Third time's the charm - I found a letter amongst my mother's papers, from the solicitor I thought had the will, which confirmed that they did. So I rang them yet again, they had another search and this time... they found it!!

Phew . Makes you wonder how many "lost" wills are actually still in solicitors' strongrooms after all though, doesn't it?

Thanks again for the help and good advice everyone

bnorth

this is interesting ... hsbc asked me for an original or certified copy of will too - actually they've already had one (they copied the original some months ago).
However probate seemed to tell me there's no such thing as a certified copy (apparently verified by a solicitor) - they say there's the original will and there's copies. I gave probate the certified copy and they asked for the original so now they have both ! I only have my own photocopy (which probate say is as good as a certified copy anyway ie not much good at all).

g6jns_2

bnorth wrote: »

this is interesting ... hsbc asked me for an original or certified copy of will too - actually they've already had one (they copied the original some months ago).
However probate seemed to tell me there's no such thing as a certified copy (apparently verified by a solicitor) - they say there's the original will and there's copies. I gave probate the certified copy and they asked for the original so now they have both ! I only have my own photocopy (which probate say is as good as a certified copy anyway ie not much good at all).

The "copy" that you get from the Probate Office has a circular embossed stamp on it. That IS a certified copy and the bank are being stupid. Hope this helps.