How to get probate without the original will

74jax

I applied for probate online, sent off the original will, and unfortunately its now lost.
I've tried calling the probate office but can't get through and have emailed twise. So I'm trying to find how I can quicken the process.
Has anyone done this without a will please and what was the process, I'm presuming I'll l have to reapply and say this time I do not have a will (and hopefully not pay again.....).
We need it to sell the property, owned 25% by me, 25%by my brother and 50%by the deseased (my mother). 

Keep_pedalling

https://www.gov.uk/government/publications/report-a-will-is-lost-to-support-a-probate-application

How did you send it? 

74jax

Keep_pedalling said:

https://www.gov.uk/government/publications/report-a-will-is-lost-to-support-a-probate-application

How did you send it? 

Royal mail. I checked on track and trace after a week or so and it had been delivered and signed for. So I thought no more of it.
About 4 weeks later I got a standard letter saying I had uploaded a copy on applying online but could I post the original. I couldn't get through on the telephone, so emailed just enquiring if the letter had crossed in the post and they now had the original will.
Recieved another letter (no reply to email) asking for the original will again. Same again, I couldn't get through on the telephone, so emailed.
Now I'm trying to find ways to speed it up as it'sit's been around 11 weeks and can't find a copy anywhere (which is really strange). 

xylophone

We need it to sell the property, owned 25% by me, 25%by my brother and 50%by the deseased (my mother). 

You, your mother and your brother were tenants-in-common and named as proprietors at the Land Registry? There is a Form A restriction?

You and he are the sole surviving legal owners?

If so, I wonder if you actually do need probate to sell?

See https://www.land-registry-documents.co.uk/information/joint-ownership-tennants/ under getting past the restriction and selling the property.

74jax

xylophone said:

We need it to sell the property, owned 25% by me, 25%by my brother and 50%by the deseased (my mother). 

You, your mother and your brother were tenants-in-common and named as proprietors at the Land Registry? There is a Form A restriction?

You and he are the sole surviving legal owners?

If so, I wonder if you actually do need probate to sell?

See https://www.land-registry-documents.co.uk/information/joint-ownership-tennants/ under getting past the restriction and selling the property.

Thanks I'll have a read of this. 

I have now found photos of the will... 🙄 That I sent my brother, I thought I'd scanned it and emailed it.... Maybe not....... 

Brynsam

Nothing to stop you putting the property on the market now - you don't need probate to do that. Nor do you need probate to exchange if you do what's known as a 'conditional exchange' - your solicitor will be able to explain - only for completion.

74jax

Brynsam said:

Nothing to stop you putting the property on the market now - you don't need probate to do that. Nor do you need probate to exchange if you do what's known as a 'conditional exchange' - your solicitor will be able to explain - only for completion.

Thanks. Yes it's on the market. Just want to do the next step.  I'm not sure how many letters come from the probate office asking for the original will. It could be another 2, 4 weeks apart. I'd rather do all I can my side to speed it up. 

poppystar

I found trying HMCTS helpline at 9am precisely worked! - still had to wait in queue but only 15 mins. No reply to any emails either.

74jax

Hi all
Just an update on this, we are a step closer.  I managed to speak to someone at Probate this week, who confirmed they received the will as per the signed for royal mail receipt, it's been scanned in and they can see it on the system.  However they have now misplaced it, so although they have a scanned copy, they don't have the original - which makes more sense.  
Anyway, I have managed to get an appointment for myself and my brother to go the solicitors that made the will (it's 2 hours from me and an hour from my brother, but my brother is in lockdown right now) so the appointment is 4 Sept.  The solicitor is to write to my brother and I for us to pick up (with ID), certifying that the scanned copy they have is of the original and not a scan of a certified copy...... It's been a long process, we registered for probate Mid April, but I feel we are in the last stages now thankfully (or at least one step closer).

getmore4less

Was the property share in a life interest trust?

Important for CGT calculations. 

74jax

getmore4less said:

Was the property share in a life interest trust?

Important for CGT calculations. 

Hi, I'm not sure what you mean sorry.... apologies.  Do you mean the 50% from Dad, I'm not too sure but can look back at his will.  Or do you mean from Mam's Will?  In which case no that didn't have any trust attached.  I'll look up CGT when we finally get probate and eventually sell, or should we look it up now, I'm guessing payable on selling (no cash funds in estate at moment)?