copies of probate an will

eddyinfreehold

Correct me if I'm wrong but there is only one certified copy of a will isn't there? That is the one signed by the deceased and witnessed at the same time, then when required for a grant of representation, countersigned in the margin by the executors under oath in the presence of an independent solicitor. This is THE will that is presented to the Court along with the sealed Death Certificate and any other required documentation. It is also the will that is scanned and kept on the https://www.gov.uk/search-will-probate Records Office database for future retrevial by anyone requiring it.

Like the Death Certificate, the Grant of Representation can have multiple sealed copies but there is only ONE will surely. Certainly, I agree authenticated copies can be made of a will, but the original is just that.

You hear a lot of stories about the Royal mail messing up. It's great to hear when they do a good job too. I get really nervous posting things like this and often prefer to deliver them by hand. If I can't, I do what others above have said, I send it 1st Class sign for next day. It's worth the extra few quid for peace of mind.

Flugelhorn

There was one will - the original, this was taken to the probate office, they sent back a copy with the oath which the solicitor and I then countersigned and sent back. What has come back now is a photocopy of that copy and embossed by the probate office

Yorkshireman99

Flugelhorn wrote: »

There was one will - the original, this was taken to the probate office, they sent back a copy with the oath which the solicitor and I then countersigned and sent back. What has come back now is a photocopy of that copy and embossed by the probate office

For all legal purposes the embossed copy has the same legal standing as the original. However some institutions still demand further verification that is not needed.

AnotherJoe

Please do let them know. Suppose it's one person at that probate office that is messing up every envelope they send out? They need to know so they can see if it's a one off or is a systematic error that can be [STRIKE]addressed[/STRIKE] fixed.

SevenOfNine

Flugelhorn wrote: »

There was one will - the original, this was taken to the probate office, they sent back a copy with the oath which the solicitor and I then countersigned and sent back. What has come back now is a photocopy of that copy and embossed by the probate office

Ours isn't. It's one of the 3 copies we had to submit with the Probate application, it's been embossed & stapled to the Grant.

Maybe different probate offices do slightly different things, ours (Oxford) send back any old copy with the Grant, & yours doesn't bother to address the envelopes! :rotfl::rotfl:

eddyinfreehold

I could not accept that. Once the Grant of Probate had been administered I would require the original copy of the Will back for my care. I say this because I have been through 34 months of a difficult situation with HMRC and there is no way I am not going to have immediate access to all the original paperwork for the next 20 years, just in case. If the court send back 'copies' then what are they doing with the originals? Is there a file depository at every High Court for original Wills as well as the 'microfiche' image on the Government website?

AnotherJoe

eddyinfreehold wrote: »

I could not accept that. Once the Grant of Probate had been administered I would require the original copy of the Will back for my care. I say this because I have been through 34 months of a difficult situation with HMRC and there is no way I am not going to have immediate access to all the original paperwork for the next 20 years, just in case. If the court send back 'copies' then what are they doing with the originals? Is there a file depository at every High Court for original Wills as well as the 'microfiche' image on the Government website?

AFAIK you'll have to because thats the process, they keep the original for fairly obvious reasons.

Yorkshireman99

eddyinfreehold wrote: »

I could not accept that. Once the Grant of Probate had been administered I would require the original copy of the Will back for my care. I say this because I have been through 34 months of a difficult situation with HMRC and there is no way I am not going to have immediate access to all the original paperwork for the next 20 years, just in case. If the court send back 'copies' then what are they doing with the originals? Is there a file depository at every High Court for original Wills as well as the 'microfiche' image on the Government website?

I think you may have missed the point. Once probate has been granted the Probate Office willed send as many copies embossed with their seal as requested. Every one of those is a de facto certitfied copy because of the embossed seal. You, or anybody else, can order a copy from the file held by the Probate Office. That file held by the Probate Office IS the central record. There is no other official record. You. Are wasting your time trying to get anything else.

eddyinfreehold

Don't know what AFAIK means, please elaborate.

What's the process and where is it in statute?

Where do they keep the original? Is there a huge repositary somewhere? The Civil Service and Government has a tremendous track record of losing anything of importance over the last 2 decades. I wouldn't trust them with a KFC receipt personally.

AnotherJoe

As.Far.As.I.Know.

The process of probate is, you send them the original will (and three copies, just ordinary ones) and they send you back a copy.

Where it is in statute, i have no idea nor do i care, but good luck trying to argue your case !

I suppose you could lie and say you've lost it which will involve you committing perjury and hold up probate by months

You haven't explained why you think having the original as opposed to a certified copy* would make any difference to your record keeping, indeed its plain it wouldn't and is more likely to cause you issues with HMRC when it becomes clear you arent speaking about the original will but a copy, you having mysteriously lost the original. Who knows what changes you made to the content of the original when you copied it ?

(*again, AFAIK, they send you back one certified copy and you can order others, as indeed can anyone) Though if you have any foresight you'd have had a certified copy made before you sent it off.