Photocopied will

Yorkshireman99

Mae66 wrote: »

We've contacted everyone we can think of to find the original, and don't know why only a photocopy was retained. The will was properly witnessed. It could have been drafted by a solicitor, but it's a very simple will, so more likely it's just been adapted from a common template document. My mother would understandably prefer the intestacy rules to apply.

Mae

As a potental executor you need to put the interests of the estate above those of yourself or your family. The three of you need to make every effort to locate the original. will or a later one if it should exist. If no will is found then it will be up to the deceased's closest relative to apply for letters of administration that would be a child if the aunt had any or her sister. The three people named in the photocopy would not be involved. I would suggest that the three potential executors named in the photocopied will seek professional paid for legal advice on the likelihood of getting the photocopy admitted to probate.

BJV

Hate to say it but a big chunk of money makes people do silly things. If you have found a will then why would you not want their wishes to be carried out.

I have not long done a will and have named people who are not relatives. Blood does not always make a family instead it is the actions of the people when you are alive.

So sad!

Yorkshireman99

Absolutely correct. At least in England and Wales we can choose who we leave our estate to.

getmore4less

Aunt could have destroyed the original and forgot there was a copy.

Where was the copy found?
what date?

Contact the witnesses.

zailrand

I found about 10 photocopies of my mum's will (all the same!) in her house, plus I had a copy too! The original was with her solicitors who drew it up. My stepfather has done his own will and sent copies to executors and benificiaries, the original is stored by his bank - might be worth checking with your aunts bank?

Mojisola

Mae66 wrote: »

It could have been drafted by a solicitor, but it's a very simple will, so more likely it's just been adapted from a common template document.

The wills we have had done by solicitors always had the firm's name and address on them and the witnesses were usually the solicitor and someone else from the firm.

Mae66

The will was written about 5 years back and my aunt had barely spoken to the other beneficiaries since then. My mother is of the opinion that she could easily have destroyed the original on purpose and forgotten about the copy.

Yorkshireman99

Mae66 wrote: »

The will was written about 5 years back and my aunt had barely spoken to the other beneficiaries since then. My mother is of the opinion that she could easily have destroyed the original on purpose and forgotten about the copy.

As far as resolving matters is concerned this does not help. Whilst a testator can revoke a will by deliberately destroying it for this to be recognized proof would be needed. An opinion by an interested party is not going to carry any weight.

no1catman

Is the copy, a copy of the signed will, or a copy before signing?

If the former, surely it's valid, if not it's just a guide - hence the need for the original.
If it is someone's intention to cancel an old will, again surely normal to replace by a new one with a later date.

getmore4less

Mae66 wrote: »

The will was written about 5 years back and my aunt had barely spoken to the other beneficiaries since then. My mother is of the opinion that she could easily have destroyed the original on purpose and forgotten about the copy.

In that case she can go ahead and apply for LOA.

it is up to the other beneficiaries/named executors to put a case together to get the copy accepted if that is what they want.

The witnesses will be the key in the absence of any other independent professional statement from the likes of a solicitor that drew up the original.