Will not being returned after probate application

Locoblade

Hi All


Following my uncle's passing a couple of months ago I've been helping my auntie get everything together needed to apply for probate. We're now ready to send everything away but one thing I'm unsure about is whether she needs to get an official certified copy of the will beforehand given that the original is kept for national records and not returned? I did wonder if the grant of representation issued includes the wording of the will which can then be referred to when actioning the will but I can't find anything to confirm that or not? We obviously have photocopies and scans so have a record of what it says so is there a need for an official copy of the will once probate is granted?



What I thought may complicate matters is that their home is owned as tennants in common meaning half the house will remain under the control of my uncle's estate now he's passed, rather than being inherited by my auntie. Only when my auntie eventually passes will the house be sold and his will acted on to distribute his half of the asset to those named in his will, which could concievably be 10+ years away. Also given my auntie and his sister of similar age are the only two executors its quite conceivable that my uncles sister may not be with us when my auntie passes leaving no executors left to action it, in which case what happens then? I'm named as the "reserve" executor on the will should one of the named executors be unwilling/unable to carry it out but presumably once probate is applied for and granted that's null and void?



thanks

Tom99

You can get certified copied done now or when the grant is sent to you an attached certified copy of the will is attached and you can get further copied from that.

hjd

Tom99 wrote: »

You can get certified copied done now or when the grant is sent to you an attached certified copy of the will is attached and you can get further copied from that.

When I received probate for my mother's estate I didn't get any copies of the will back, just the grant of probate and copies of that.

nom_de_plume

To be on the safe side, I got a certified copy of a Will before sending it off, just in case the original went astray in the post.

Flugelhorn

it seems to vary - I got a copy of the will back from the probate office, however also got a local solicitor to do a certified copy for me to keep at home... just in case the original got lost before it got to the probate office. It cost £5 to get this done

Locoblade

Thanks all, sounds like getting a certified copy for a few quid at the local solicitors is the way to go, we'll get that done before we send off the form.

Many thanks

Owain_Moneysaver

Locoblade wrote: »

I did wonder if the grant of representation issued includes the wording of the will which can then be referred to when actioning the will but I can't find anything to confirm that or not?

The Grant includes a sealed copy of the Will which is being declared probative.

A certified copy of a Will by a solicitor is just that - a copy of a Will, not necessarily the current Will that has legal effect.

Definitely prudent to get a certified copy before posting the original off to the Probate Office though. If the original did go astray for any reason having a certified copy would be very helpful.