letter of authority to get will

lak32

Hi,

I am executor of my mum's estate and I am doing probate. I need the original will to send off with the forms so requested this from the solicitors. They said I need to send a letter of authority signed by the executors. What is this? Is it something I can write myself or do I have to get it from somewhere?

If I write it myself, what do I write? Any samples?


Thanks

lak32

Just to add, I saw the solicitor for a free hour and gave proof of id at the time. At the time we were planning to use the solicitor for probate but on looking at the forms I decided to do it myself but now I need the original will.

There is one other executor who is leaving it all to me to sort out. She's local to the solicitor but I am not.

So what do I need to do to get the original will?

TonyMMM

Sounds a bit unusual, is anyone else named in the will as executor or just you alone ?

If you are the sole executor ....

" Please release the original will of ...... to me ...... , the sole executor named in the will" and sign/date (or words to that effect)

MaxHeadroom_2

I had the same problem recently. It's because there are more than one named executor. I was named as joint executor but the other person didn't want to do it and left it to me to deal with the estate. I had to take a letter of authority from the other named executor plus a utility bill of my own to obtain the will from the solicitor. All that my joint executor wrote was 'Dear Sir, I, Mr (full name of joint executor) am named as joint executor in the will of Mr (The deceased), and I give my authority that Mr (other named executor, i.e me), will be acting as the sole executor of this will. Yours faithfully, Mr (signature of other executor). They accepted this and handed the will over to me, which I had to sign for. Hope this helps.

Mojisola

The other executor can renounce the role completely or can reserve the right to step back in.

The other executor to my Dad's will did the second - if anything had happened to me so that I wasn't able to complete the work, he would have been able to take over.

lak32

Thanks. My sister is the other executor. I've said I will do the probate/iht forms (she really doesn't want to) but I want her to remain executor as it might come in handy having her local to the solicitor, property etc.

So, I could write a letter authorising the solicitor to release the will to her - send that letter to her and she can go into the office (with my letter) to collect the original will. Then give me the will when she visits next week. Does that sound alright? Neither of us need renounce do we?

g6jns_2

lak32 wrote: »

Thanks. My sister is the other executor. I've said I will do the probate/iht forms (she really doesn't want to) but I want her to remain executor as it might come in handy having her local to the solicitor, property etc.

So, I could write a letter authorising the solicitor to release the will to her - send that letter to her and she can go into the office (with my letter) to collect the original will. Then give me the will when she visits next week. Does that sound alright? Neither of us need renounce do we?

Sounds oK. She can renounce but reserve powers. That will save her having to sign everything in future unless you cannot act for any reason.

Mojisola

lak32 wrote: »

Thanks. My sister is the other executor. I've said I will do the probate/iht forms (she really doesn't want to) but I want her to remain executor as it might come in handy having her local to the solicitor, property etc.

If she renounces, she won't be able to sign anything. She could act as your agent, collecting paperwork, checking the property, etc.

BobQ

OP,

All you need to do is write a letter that authorises the solicitor to release the Will to you by name as joint-executor. At the same time get your sister to write to the solicitor saying that as joint-executor she agrees that they may release the Will to you.Or you could do a joint letter you both sign.

The solicitor is just trying to ensure that if they give you the Will and it goes missing they have done what they can to protect their deceased client's interests.