Are copies of Wills valid.

McKneff

Hubbys and my wills were stored red at a solicitors. 
These have been closed down for malpractice. 
I have only just found out about this and they were taken and stored by the solicitors Regulator Authority.
The told me to send 3 items of proof of identity which I duly did, now they are wanting more I.d. 
I'm a bit fed up with them as they say they will take about 6 weeks and then not necessarily find them. 
We have dated copies of our wills at home. 
Will they be able to be used in the even of our deaths or do we have to do something.
I  don't particularly want to pay for new will but will, of course if I need to. 
Thanks for any help

naedanger

McKneff said:

Hubbys and my wills were stored red at a solicitors. 
These have been closed down for malpractice. 
I have only just found out about this and they were taken and stored by the solicitors Regulator Authority.
The told me to send 3 items of proof of identity which I duly did, now they are wanting more I.d. 
I'm a bit fed up with them as they say they will take about 6 weeks and then not necessarily find them. 
We have dated copies of our wills at home. 
Will they be able to be used in the even of our deaths or do we have to do something.
I  don't particularly want to pay for new will but will, of course if I need to. 
Thanks for any help

In Scotland a copy cannot just be used in place of an original will. Your executor would need to go to court to prove the tenor of the will i.e. they would need to prove the copy was of a genuinely lost will (and not a copy of a will the testator destroyed in order to revoke). The cost of such court action will far outweigh the cost of getting a new will written while you are able to do so. 

I don't know what the position is in England and Wales but I don't think the process is quite as expensive. I think it will be the probate office that would need to be convinced after death that the copy was of a lost rather than destroyed will. Most unpaid executors I am sure would prefer to have an original will.

Keep_pedalling

How how old are those wills? If they are pre 2007 (when the transferable NRB came in) then you would be wise to to get new wills drawn up. If quite recent you could simply copy them word for word and get the new draft signed and witnessed. The danger is if you struck off solicitor made an error your beneficiaries should have no comeback via the SRA as they would with the original.

McKneff

About 20 years old. 
No errors on wills, they were literally just stored.L
Solicitors were closed down after being found allegedly doing naughty things with people's money. 
They are simple wills , with son and daughter as beneficiary's 

McKneff

McKneff said:

About 20 years old. 

No errors on wills, they were literally just stored.L
Solicitors were closed down after being found allegedly doing naughty things with people's money. 
They are simple wills , with son and daughter as beneficiary's 

Property in trust, 3 bebeficiars who are also the trustees

Keep_pedalling

What sort of trust? Things have changed somewhat in the last 20 years.

McKneff

I think it says a nil band trust. 
If hubby dies his half will go to the kids, leaving me to live in the house till my death, then they get the other half between them. Its to do with how we own the house 
Does that make sense 

Keep_pedalling

McKneff said:

I think it says a nil band trust. 
If hubby dies his half will go to the kids, leaving me to live in the house till my death, then they get the other half between them. Its to do with how we own the house 
Does that make sense 

Nil rate band trusts were popular before Gordon Brown changed the rules on nil rate bands in 2007. Prior to that there was no IHT exemption for someone leaving their estate to a spouse, since then NRB trusts have become somewhat redundant for IHT purposes. In a new will could be even simpler buy getting rid of the trust, alternatively you circumstances might suit a life time interest trust better. 

Marcon

If the wills are 20 years old, it really would be sensible to have new wills drawn up now. Don't let feelings of irritation at the SRA delays deter you. I can understand your frustration, but don't forget they are doing their level best to ensure the interests of the public (in this case the true owners of the wills you have requested) are fully protected. Storage isn't in some convenient little filing cabinet which be accessed easily; it'll be a huge storage area somewhere in the wilds, with access strictly controlled both for security and also thanks to the long arm of COVID.

McKneff

Marcon said:

If the wills are 20 years old, it really would be sensible to have new wills drawn up now. Don't let feelings of irritation at the SRA delays deter you. I can understand your frustration, but don't forget they are doing their level best to ensure the interests of the public (in this case the true owners of the wills you have requested) are fully protected. Storage isn't in some convenient little filing cabinet which be accessed easily; it'll be a huge storage area somewhere in the wilds, with access strictly controlled both for security and also thanks to the long arm of COVID.

Good solid post Marcon, thank you. 
Will be a little more patient. After reading the 3 page letter I now only have passport copies to send , they already have some id. 
Will seriously think about new ones soon.
Thanks all 
Annie