Incompetent solicitors.

poppystar

Just to add it took about nine or ten months from my probate application with all the lost Will additional papers before probate was granted.

I found it very anxious and stressful all along, mainly due to the lack of information and I think that was compounded by people in the probate office and especially those manning the helplines not having dealt with the situation before (because, hopefully, despite our experiences it is rare that solicitors lose a Will!).

Once the papers found their way to the final destination and someone contacted me it went very swiftly - just a few days. The woman who emailed me at that point really progressed it with a vengeance and kept me up to date with reports of talking to the Registrar. I sent a heartfelt thank you email after.

The Grant of Probate I have is ‘limited’ - strangely that made me very upset as it felt like somehow, despite my father always doing the right thing, he didn’t end up with a real one! 

And, unless, the solicitors miraculously find the original Will and let me know (pigs flying by as I type!) never will. 

Fortunately no organisation was bothered by this - or if they were they contacted the probate office as there is a contact number on the grant for anyone not sure what it means.

Maybe I should have put in a complaint with the solicitors after it was sorted but I wasn’t their client and was exhausted by it all. No financial loss, just hair loss!

Good luck 

relaxtwotribes

poppystar said:

Interesting why probate office want to see a copies of all previous wills when one is lost if they are all considered revoked? 

Perhaps in order to see if any will made prior to 2007 also left out the SIL, which would at least indicate a consistency. OP does not state when SIL was excluded.

flora135

relaxtwotribes said:

poppystar said:

Interesting why probate office want to see a copies of all previous wills when one is lost if they are all considered revoked? 

Perhaps in order to see if any will made prior to 2007 also left out the SIL, which would at least indicate a consistency. OP does not state when SIL was excluded.

My SIL was never included, when he changed the will the first time in 2007 he even added a codicil stating that he was adding my eldest son but still exluded his daughter and reiterating his reasons why.

flora135

Poppystar, it sounds like we are going through the same situation as you. You are right in that the lack of information is so frustrating. Every email contains legal jargon that means nothing to us. The last one said that the process is on hold while they deal with the sisters claim but no info to explain what that process involves. I imagine its a strongly worded letter about the consequences of lying on an avradafit.

 Every email and phone call costs and a face to face meeting is £240 all of which comes out of the inheritance, they really don't care but my husband is determined that he will make a complaint when its over, down to their incompetence we stand to loose a property and thousands of pounds and they tell us not to worry!

What makes me even angrier was the  inheritance tax which was a sizeable sum of money was paid in the first 6 months. 

Oh and hubby phoned the probate office recently and was told probate was granted on the 24th may 2022! Phoned the solicitor and gave them a telling off then phoned probate again to ask for evidence of this only to be told that it hadn't and they don't know where the person he spoke to first got that date from! 

My kids say i sound like Del Boy, this time next year we'll be millionaires, or next year or maybe the year after that.🤑🤔🤷‍♀️

Thank you, its good to know things moved quickly once all the paperwork was sorted.

poppystar

Remember Del Boy came good in the end!

user1977

poppystar said:

TBagpuss said:

I don’t think that would work as there is a copy of the current will and that will, almost certainly, state that all earlier wills are revoked. Revoking the second will wouldn’t un-revoke the first one.

I think that is what is illogical in copy wills not being accepted under these circumstances because it means the copy is good enough to revoke the previous Will but not good enough to stand as a valid Will. 

There needs to be a court process to look at the circumstances (which appears to be what is happening) - it's quite feasible that the copy is of a Will which itself had been revoked (e.g. by the testator ripping it up).

TBagpuss

user1977 said:

poppystar said:

TBagpuss said:

I don’t think that would work as there is a copy of the current will and that will, almost certainly, state that all earlier wills are revoked. Revoking the second will wouldn’t un-revoke the first one.

I think that is what is illogical in copy wills not being accepted under these circumstances because it means the copy is good enough to revoke the previous Will but not good enough to stand as a valid Will. 

There needs to be a court process to look at the circumstances (which appears to be what is happening) - it's quite feasible that the copy is of a Will which itself had been revoked (e.g. by the testator ripping it up).

Yes, there are circumstnaces wehre a copy can be used, but the issue is whether and how the original was lost / destrouyed - one wway youcan revoke your own will is by destroyuing it with the intention of revoking it - so if your original will was lost by the solicitor or destroyed in a fire, it's possible that probate could be granted using a copy, but if you toreit up becuae you had a fight with your son and wanted to dsiinherit them then that would effecctively revoke the will.

So the probate office has to investigae and it may take a court order to proceed. 

JJWSJS8700

A court order to who?

OP:
Are the solicitor’s who’ve lost the will, executors on original will?