Solicitor not producing original Will

poppystar

Robin9 said:

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.

Would that be sufficient to enter it into probate? I thought the original Will was all that would be accepted.
My copy is signed and dated and they remember drawing up the Will as it was all done in one visit however they have not suggested to me there is any alternative to the original. 

sheramber

My husband's will was sent as an attachment to an email and that was accepted by those who wanted to se the original will.  Most companies also accepted it being sent my email.
We did have to   complain  to the solicitors  to get it sent. They kept ignoring telephone requests. It was emailed the day they received the complaint.

Savvy_Sue

poppystar said:

Robin9 said:

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.

Would that be sufficient to enter it into probate? I thought the original Will was all that would be accepted.
My copy is signed and dated and they remember drawing up the Will as it was all done in one visit however they have not suggested to me there is any alternative to the original. 

I would ask them. There is a process for getting a copy will admitted to probate, and they will know what it is, and whether giving you a certified copy of your unsigned copy (as Robin said, a copy of your copy ...) would be adequate. In my view, there should be no charge for any of this ... 

poppystar

sheramber said:

My husband's will was sent as an attachment to an email and that was accepted by those who wanted to se the original will.  Most companies also accepted it being sent my email.
We did have to   complain  to the solicitors  to get it sent. They kept ignoring telephone requests. It was emailed the day they received the complaint.

Yes, I’ve had no problems dealing with banks etc who have been happy with a secure upload of my copy. It is the probate application process which is of real concern as that is where the original is stipulated. Did you manage to do that by emailing a copy or was probate not necessary in your case? 

Robert_McGeddon

poppystar said:

It is the probate application process which is of real concern as that is where the original is stipulated.

It is not impossible to get probate without the original will. Perhaps have a look at note 3 on page 11 of the Probate Application Form, PA1. There is a helpline number you could call . . . .

From what you've said, the solicitors ought to be able to confirm to HMCTS that the copy you hold is genuine.

poppystar

Update: the solicitors have given up on their search and admit it is lost. I have spent hours trying to get through to the Probate helpline for further guidance on getting an affidavit and completing PA13. 

The solicitors appear to be suggesting that either I am on I am on my own in this if applying for probate myself and will need to then do the affidavit myself or if I instruct them to do the application they will do the affidavit. No way do I want them doing the probate application!

I have been trying to ascertain (before I get back to solicitors) if I can apply for probate but the solicitors do the affidavit and PA13 for me to enclose - clearly they are the ones who have the information for these. So far no joy in clarifying this. If anyone has been through this process it would be good to know how you did it.

Thanks

Keep_pedalling

You need to raise a complaint, it is their negligence that has caused this and it should be down to then to sort it out. If you get nowhere though the firm’s complaints procedure then you should make a complaint though the SRA.

https://www.lawsociety.org.uk/public/for-public-visitors/using-a-solicitor/complain-about-a-solicitor

it’s odd that they still had the previous will, sounds horribly like they destroyed the wrong will. 

JGB1955

They shouldn't destroy ANY will... I approached my father's solicitors for his final will, just a few weeks ago - ended up with two (old) wills plus the latest.