Complication with executorship

simpywimpy

SIL mother died in August, We found a copy will leaving everything (albeit small) to him.

Solicitor named as executor has been closed down by the Solicitors Regulatory authority so we wrote and asked for the original will 4 weeks ago not imagining any problems.

The SRA however are saying because we are not executors we cant have the original and need to take either legal advice (no money for this) or contact probate office. Contacted probate office who cant understand why they won't release it.

Basics are the SRA closed down the solicitors due to wrongdoing and now hold all their paperwork.
This solicitor is named on the will as executor
SRA won't give the original will to the sole beneficiary

Margot123

You must take legal advice without delay.
It is customary not to release an original will to anyone other than the executor(s) and then only with their written permission.
I imagine (just imagine) that the sole beneficiary will have to apply to Court for release of the will after swearing an affidavit. However this is only my speculation.
This must have happened many times before, it can't be that unusual as solicitors do close down/retire/disappear.
A lot rides on how much the estate is worth (you say 'small' but that is subjective), should it not be substantially more than the legal costs, I'd personally be inclined to forget about it.

simpywimpy

Thank you Margot.

There is little in the way of ready cash but there is a property which deducting the mortgage outstanding has a 20k equity but of course no-one will deal with us without authority which we seem unable to get

Yorkshireman99

simpywimpy wrote: »

Thank you Margot.

There is little in the way of ready cash but there is a property which deducting the mortgage outstanding has a 20k equity but of course no-one will deal with us without authority which we seem unable to get

The SRA are wrong. You can apply for letters of administration that then makes you executor.

Flugelhorn

Yorkshireman99 wrote: »

The SRA are wrong. You can apply for letters of administration taht then makes you executor.

Would it be this :

"If the deceased left a valid Will, but didn't appoint executors or they are unable or unwilling to act, then a ‘grant of letters of administration with Will annexed’ is issued."

or do the need the actual will for that?

simpywimpy

The only guidance I can find asks for the will or to complete the probate form which also asks for the will.

Another problem we have is that without the grant, how can we work out the value of the estate fully?

Yorkshireman99

Flugelhorn wrote: »

Would it be this :

"If the deceased left a valid Will, but didn't appoint executors or they are unable or unwilling to act, then a ‘grant of letters of administration with Will annexed’ is issued."

or do the need the actual will for that?

Yes. Though of course the OP does not have the will. There was a similar case on here a few months ago where the SRA appointed another firm to deal with this sort of situation. On reflection I think the OP needs to go back to the SRA and insist they get something sorted out.

Savvy_Sue

If any of you have legal cover on either house insurance or through union membership you MIGHT be able to get a free half-hour phone call of advice. That might give you the right words to use to the SRA?