Solicitor not producing original Will

poppystar

I’ve tried to get my father’s original will from the solicitors but so far despite lots of phone calls and two aborted appointments I have had no success. The last time they tried to give me the original of an older Will until I pointed out there was a later one (thankfully my father gave me a copy immediately both times the Will was redrawn). They totally agreed there was a later version but could not find it. They said there was an off site storage where “it might be” but have failed to get back to as promised yet again.

How long should I give them to find it? Obviously they are not my solicitors and their contract was with my father who paid them to draw up the Will so I am not sure where, as the executor, I stand in this. I really don’t want to probate held up but am not sure how to get them to take it seriously and move on from the ‘it might be here or it might be there’ strategy they are currently taking to talking about what happens next. I’m usually pretty good at dealing with these things but am making no headway at all. 

Has anyone had a similar experience?

Savvy_Sue

No, but I would suggest a) that this is time for a formal complaint - they should have a policy and b) ask them what steps you should take to get the copy admitted to probate if they fail to find the original within let's say two weeks. (If it's only taken them a week or two so far not to find it, you might want to extend that.) Tell them that naturally, you expect that they will pay the costs associated with this process. 

And google 'how to get a copy of a will admitted to probate' and look at any UK articles, ready for them to come back to you. 

I am sorry for your loss, I'm sure their incompetence doesn't help. 

Dox

Savvy_Sue said:

No, but I would suggest a) that this is time for a formal complaint - they should have a policy and b) ask them what steps you should take to get the copy admitted to probate if they fail to find the original within let's say two weeks. (If it's only taken them a week or two so far not to find it, you might want to extend that.) Tell them that naturally, you expect that they will pay the costs associated with this process. 

There shouldn't be any costs associated with the delay. If the will is in physical storage offsite, there are currently real issues in getting documents (albeit they seem to have managed to get the older will!).

OP, this is hugely annoying, but frankly not much else. As you've got a copy and you are the executor, there's nothing at all stopping you from getting on with the job of being an executor and starting to wind up the estate. Why not wait a couple of weeks and then contact them again?

poppystar

Dox said:

Savvy_Sue said:

No, but I would suggest a) that this is time for a formal complaint - they should have a policy and b) ask them what steps you should take to get the copy admitted to probate if they fail to find the original within let's say two weeks. (If it's only taken them a week or two so far not to find it, you might want to extend that.) Tell them that naturally, you expect that they will pay the costs associated with this process. 

There shouldn't be any costs associated with the delay. If the will is in physical storage offsite, there are currently real issues in getting documents (albeit they seem to have managed to get the older will!).

OP, this is hugely annoying, but frankly not much else. As you've got a copy and you are the executor, there's nothing at all stopping you from getting on with the job of being an executor and starting to wind up the estate. Why not wait a couple of weeks and then contact them again?

I was not suggesting there was anything stopping me from getting on with the job of being executor, only that I could not yet apply for probate.  I was simply asking if anyone had been through this situation, how much time it is reasonable to give them and what might be the next step. They have had no problems accessing offsite storage as you say in terms of getting an older Will or other items they were holding on behalf of my father. 

If if I had confidence in them then it might just be annoying and a waste of time in extra fifty mile round trips which I could certainly without at the moment. It is their lack of concern that worries me more. 

Robert_McGeddon

OP, I empathise with your situation.

I had a similar problem recently. Solicitors said they held will and would get back to me within 24 hours. After a month and several unanswered emails no progress had been made.   I unlocked the situation by sending a letter headed “Complaint” to “The Managing Partner.” They were suddenly very keen to arrange a meeting to hand over the will!

Your situation is a little different, but I think your next step is a formal complaint letter.

manc_dave

A few questions, not entirely unrelated !

a) How long is it "reasonable" to expect to wait before a will is declared missing ?

b) Who actually administers the estate in the event the will is missing ? For example a copy will may name an "executor", but is it the "executor" on the copy will who administers (surely they are not an executor until the will is validated), or the closest next of kin, who I assume would administer if the person died intestate and there was no will ?

c) What happens if there is a conflict of interest between the administrator (either the "executor" or the next of kin) and the copy will ? For example a copy will could leave all the money to a non relative, but the executor/administrator could be a close relative who inherits via intestacy if the copy will is not validated. Is the executor/administrator actually obliged to try validate the copy will, or can they just not apply, resulting in intestacy and them benefiting  ?

d) How long does it normally take to validate the copy will ?

Ta.

badger09

@manc_dave

Welcome to the forum.

Rather than tag onto someone else's thread - please start your own new one. 

PeterE17

I empathise with you poppystar and was once in a similar situation; solicitors had lost my mother's will (which I needed for the Court of Protection rather than probate). There were a few suggestions from the junior solicitor that perhaps my mother had withdrawn the will herself but these were refuted, so I raised a formal complaint following the procedure outlined on their website. The senior solicitor handling the complaint admitted that they last saw or logged the will some ten years previously but had lost it (and I used their letter, plus a copy will, in my dealings with COP). 
So, raise a formal complaint now, ask for an immediate acknowledgement and request a resolution within a reasonable timescale (let's say three weeks). Mention that if you do not receive an adequate response in this time, you will complain to the Solictors Regulation Authority  (for some tips and advice, follow this link https://www.sra.org.uk/consumers/problems/report-solicitor/).

Marcon

poppystar said:

Dox said:

Savvy_Sue said:

No, but I would suggest a) that this is time for a formal complaint - they should have a policy and b) ask them what steps you should take to get the copy admitted to probate if they fail to find the original within let's say two weeks. (If it's only taken them a week or two so far not to find it, you might want to extend that.) Tell them that naturally, you expect that they will pay the costs associated with this process. 

There shouldn't be any costs associated with the delay. If the will is in physical storage offsite, there are currently real issues in getting documents (albeit they seem to have managed to get the older will!).

OP, this is hugely annoying, but frankly not much else. As you've got a copy and you are the executor, there's nothing at all stopping you from getting on with the job of being an executor and starting to wind up the estate. Why not wait a couple of weeks and then contact them again?

I was not suggesting there was anything stopping me from getting on with the job of being executor, only that I could not yet apply for probate.  I was simply asking if anyone had been through this situation, how much time it is reasonable to give them and what might be the next step. They have had no problems accessing offsite storage as you say in terms of getting an older Will or other items they were holding on behalf of my father. 

If if I had confidence in them then it might just be annoying and a waste of time in extra fifty mile round trips which I could certainly without at the moment. It is their lack of concern that worries me more. 

Why are you doing the fifty mile trips at all? If the firm keeps a certified copy of the will ('just in case') and sends it by secure courier, you don't need to.

poppystar

Marcon said:

poppystar said:

Dox said:

Savvy_Sue said:

No, but I would suggest a) that this is time for a formal complaint - they should have a policy and b) ask them what steps you should take to get the copy admitted to probate if they fail to find the original within let's say two weeks. (If it's only taken them a week or two so far not to find it, you might want to extend that.) Tell them that naturally, you expect that they will pay the costs associated with this process. 

There shouldn't be any costs associated with the delay. If the will is in physical storage offsite, there are currently real issues in getting documents (albeit they seem to have managed to get the older will!).

OP, this is hugely annoying, but frankly not much else. As you've got a copy and you are the executor, there's nothing at all stopping you from getting on with the job of being an executor and starting to wind up the estate. Why not wait a couple of weeks and then contact them again?

I was not suggesting there was anything stopping me from getting on with the job of being executor, only that I could not yet apply for probate.  I was simply asking if anyone had been through this situation, how much time it is reasonable to give them and what might be the next step. They have had no problems accessing offsite storage as you say in terms of getting an older Will or other items they were holding on behalf of my father. 

If if I had confidence in them then it might just be annoying and a waste of time in extra fifty mile round trips which I could certainly without at the moment. It is their lack of concern that worries me more. 

Why are you doing the fifty mile trips at all? If the firm keeps a certified copy of the will ('just in case') and sends it by secure courier, you don't need to.

There has been no mention of a certified copy of the Will being in existence. Not even sure what is meant by this? Can you explain please, thanks. 

The best they offered was if the original Will was found they could send it recorded delivery which I don’t consider secure enough in these times where a signature is not obtained. 

The trips I did were when I had been specifically told the Will was available for collection. The appointments were cancelled when I was en route or as mentioned the Will was not the latest version.

Robin9

As you have a copy which I assume is unsigned send a copy of this copy to the solicitors and request that they check it against their notes and if so to certify accordingly.