Solicitor lost the will!

Margot123

My neighbour has recently lost her Mum to cancer, and she has located a photocopy of her Mum's will. However when she rang the solicitors who the original will was stored with, they said they have lost it. What a terribly sad thing to have to deal with on top of losing her Mum. The solicitor seems unhelpful, and my neighbour is at her wits end not knowing how to apply for probate.

So, I come to my question: has anyone successfully applied for, and been granted probate solely using a photocopy of the will?

Pennywise

The solicitor will be able to check their files/records to check what version of the will was signed and witnessed. They can then create a confirmation document to the effect that the photocopied will is genuine, which should be accepted. If they're the ones who've lost it, then they should do what's necessary to put that right.

Margot123

Personally, I think they are trying to fob her off. Surely they do keep digital copies of everything nowadays, just in case of fire/flood or whatever.
I'll tell her about the confirmation document, thanks for that.

Yorkshireman99

Margot123 wrote: »

Personally, I think they are trying to fob her off. Surely they do keep digital copies of everything nowadays, just in case of fire/flood or whatever.
I'll tell her about the confirmation document, thanks for that.

It will probably require an application to the court to validate it. The solictors must pay all the costs of doing this at the very least.

Keep_pedalling

Does the will make big changes to who receives what under intestacy rules? If not an alternative solution would be for the beneficiaries to all agree to proceed under intestacy rules and put in place a deed of variation to ensure the testator original wishes were achieved.

This could work with major differences as well but it is less likely that every beneficiary would agree.

pearl123

This happened to may partner. His solicitors could not find the will when his Dad died. He threatened the solicitor by saying he would seek legal action if the did not find it. They found the lost will pretty promptly after that!

Margot123

pearl123 wrote: »

This happened to may partner. His solicitors could not find the will when his Dad died. He threatened the solicitor by saying he would seek legal action if the did not find it. They found the lost will pretty promptly after that!

I did wonder if that would be the best course of action. Threaten with a report to the Solicitors Regulatory Authority. I'm sure they are just having sour grapes due to not getting the probate job.

Yorkshireman99

Margot123 wrote: »

I did wonder if that would be the best course of action. Threaten with a report to the Solicitors Regulatory Authority. I'm sure they are just having sour grapes due to not getting the probate job.

The OP has to go through the firms own complaints procedure before going to the SRA,

Margot123

They have already written a letter of complaint, and the solicitor has ignored it even though it was sent by Special Delivery and was signed for at their address.

Yorkshireman99

In which case go to their regulator.

Tahlullah

Should really be the Legal Ombudsman. if you go to the SRA, they may direct you to the Ombudsman anyway.