Will, post probate

GaryBC

I've seen somewhere that, as part of the application for probate, the original copy of the will is handed over and not returned. 
What happens if an organisation subsequently demands sight of the original? 

Keep_pedalling

GaryBC said:

I've seen somewhere that, as part of the application for probate, the original copy of the will is handed over and not returned. 
What happens if an organisation subsequently demands sight of the original? 

If you have probate no one will need to see the will.

blueolive

I was about to post exactly this question Gary. Following.

GaryBC

As I've just found out I've got to apply for it I'll probably have a few other daft questions as I go! 

Marcon

Keep_pedalling said:

GaryBC said:

I've seen somewhere that, as part of the application for probate, the original copy of the will is handed over and not returned. 
What happens if an organisation subsequently demands sight of the original? 

If you have probate no one will need to see the will.

There'll be a gap between submitting the will and getting the grant of probate, when a copy of the will might come in handy. I'd get a couple of certified copies done before you send it off - those should do the trick. I don't know any organisation which would demand sight of the original.

p00hsticks

I've not come across anyone specifically needing to see the original, but there are organisations - banks, insurance and pension companies - who asked for sight of a copy, Apart from anything else, until you get probate the will is the only thing to show that you are named as executor. As I posted in another thread earlier today I recommend either photocopying or scanning a copy of the will (being very careful not to remove any staples or page fastenings).  Then put the original away somewhere very safe until you are ready to send it (via tracked delivery) to the Probate Office when they ask for it.

Thrugelmir

Obtain some certified copies of the Will. 

Froglet

Thankfully,having just sent my Mums will,tracked,to the Probate office I was able to see that it was received and signed for the next day.But it set me wondering what would happen if it got lost on the way.Would they accept a certified copy if you could prove you sent it but Royal Mail had lost it? Or you didn't pay for the tracking and it got lost .

GaryBC

Hmmm... Good point. 
I wonder if it's possible to hand deliver it? 
Mail getting lost is thankfully a rarity (I think) but not completely unheard of. 

p00hsticks

GaryBC said:

Hmmm... Good point. 
I wonder if it's possible to hand deliver it? 
Mail getting lost is thankfully a rarity (I think) but not completely unheard of. 

I think in the old days it was possible to hand deliver it, as there were regional Probate Offices dealing with things, but now as far as I'm aware they go to a central PO Box address.

I was concerned about this myself when I had to do it a few months ago, I made sure I had a copy and sent it tracked so could see it had arrived the next day. The probate office has a process for when the oroginal can't be found or goes lost in the post.

I think the main difficulty would be if there was no copy of the will available and the contents as remembered didn't follow the usual intestacy rules - I'm not sure what would happen then

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

blueolive

Hi all, I telephoned the Probate Office helpline this morning to ask about this. The lady I spoke to said that if copying the will involves taking it apart (which it would in my case as it's bound like a book and you can't flatten it enough to put it on a copier), don't do it because the case will likely be stopped while they investigate.

So their advice is to send it intact. As the original solicitor in my case is "no longer doing wills" (argh!) we can't get another copy from her. So I'm going to take a photo of each page while someone holds down the pages, and drop the photos into a document. At least then we have a record of the signed original.

Re certifying: According to the law society there is no specific way of certifying a document, and it doesn't have to be paper as long as it's certified as e.g. a "true copy of the scanned copy of the original...." etc. (tried to post link but couldn't)

Hope this helps. If nothing else it may save someone else hanging on the phone for 30 minutes to ask the question