Will has beenlost, can a 'copy' be given, by the solicitors who wrote it ??

katesheet

If a Will (which was created by the solicitors 10 years ago), and the original copy of this will has been lost,

then can the solicitor legal company who produced 10 years ago, a copy of it/ or even a copy of the original to the couple who took out the will (who have lost the will)


Would they have copies saved in their admin system?

or they don't usually do this? (as it was 10 years ago)

or they do offer copies, but with a fee + identification ?


Have you ever had this issue ??


Added- one of the members who wrote the will has died, so the widow wants a copy of it, as don't have original. so asking about getting the copy from the solicitors, (hence this question)

rogueylawyer

Honestly, contact them and find out. Unfortunately everyone has different systems, so it will depend on whether the solicitors kept a copy of the signed will. It may be necessary to get affidavits.
If the solicitors are of no use, maybe contact certainty (Google search them). They are a central repository of signed wills, but only a limited number of solicitors sign up to them, and you have to pay to search their database.

Hope that helps

Mojisola

katesheet wrote: »

If a Will (which was created by the solicitors 10 years ago), and the original copy of this will has been lost,

then can the solicitor legal company who produced 10 years ago, a copy of it/ or even a copy of the original to the couple who took out the will (who have lost the will)

It's unusual for the original signed will not to be stored with the solicitor.

If the signed copy has been lost, the solicitor may still have a file for that client. Has the testator died or do the people concerned just want to sign new copies of the will they made ten years ago?

katesheet

Mojisola wrote: »

Has the testator died or do the people concerned just want to sign new copies of the will they made ten years ago?

Added- (added above too) one of the members who wrote the will has died, so the widow wants a copy of it, as don't have original. so asking about getting the copy from the solicitors, (hence this question)

rogueylawyer

katesheet wrote: »

Added- (added above too) one of the members who wrote the joint will has died, so the widow wants a copy of it, as don't have original. so asking about getting the copy from the solicitors, (hence this question)

Then the same advice holds. Contact the solicitors, any problems then they (or someone here) may be able to help further.

BobQ

The only Will that matters is the original as signed by the testator and duly witnessed. Any copy of the signed will is unlikely to be legally valid.

As noted the Original will is usually held by the solicitor and so they should be asked for it. If they have released the original they will probably have asked for a receipt for it or have some other evidence that states the original was posted to the testator. If you know that the original was held by the testators ( and has been lost) then it is very likely that the deceased will have died intestate whatever records the solicitor may have retained.

BobQ

katesheet wrote: »

Added- (added above too) one of the members who wrote the will has died, so the widow wants a copy of it, as don't have original. so asking about getting the copy from the solicitors, (hence this question)

I am assuming that the above means that the widow wants a copy of it for Probate. However a copy is of no use only the original if this is the reason.

If the widow wants a copy of her own will so that she can re-sign it, it would be much more sensible to get a new will drawn up.

rogueylawyer

BobQ wrote: »

I am assuming that the above means that the widow wants a copy of it for Probate. However a copy is of no use only the original if this is the reason.

If the widow wants a copy of her own will so that she can re-sign it, it would be much more sensible to get a new will drawn up.

No so, it may be possible to swear an affidavit that the will has been lost, and a grant can be limited to a lost will. If that is the case OP will likely need to instruct a solicitor and discuss the full circumstances.

BobQ

rogueylawyer wrote: »

No so, it may be possible to swear an affidavit that the will has been lost, and a grant can be limited to a lost will. If that is the case OP will likely need to instruct a solicitor and discuss the full circumstances.

In this particular case I suspect that the original is with the solicitor, but only the OP can determine that.

The normal probate process is based on the availability of the original will. Of course if it is not available, you are correct, it is possible to make a legal argument (given sufficient evidence) that challenges that decision on all sorts of grounds, many of which will be expensive.

An affidavit might help in a simple situation, say if the solicitor has a file copy and a record of retaining the original and has lost it. But the presumption, in the absence of evidence to the contrary, is that the original has been destroyed by the testator, quite possible over 10 years in this case.

Based on the OP's statement that the testator held the original, it would be difficult to show that it was not deliberately destroyed by the testator. This will also be problematic if the provisions of any copy are significantly at variance with the laws of intestacy.

rogueylawyer

BobQ wrote: »

Based on the OP's statement that the testator held the original, it would be difficult to show that it was not deliberately destroyed by the testator. This will also be problematic (without evidence original was not destroyed) if the provisions of the copy are significantly at variance with the laws of intestacy.

I was going to comment that it might well be that intestacy and the will were on the same footing in which case it might be moot. I agree regarding the rest of your post, but hopefully it will be simple to resolve.

kpwll

Is it the widow of the will-maker or of the will-writer that wants a copy?
If it's the widow of the writer then she may not be allowed a copy until the will-maker has died.

I had POA for my step-mother, was joint executors with my husband and also a beneficiary. I couldn't find my copy of the will and asked the solicitors for one, (simply for my records). They told me that I wasn't entitled to and couldn't get a copy but would get the original once my step-mother died, she sadly did in September.
I hope this makes sense.