Solicitor keeps hold of original will

Alter_ego

When you use a solicitor you are employing them. They will store wills or hand them over as you instruct them.

user1977

katzy5 said:

Can i ask when people say "The Estate" does that include everything a person owns?

Yes

Also suggested above was the POA. Mum doesnt have those done yet. Would it better to have them done by the same solicitor or find someone new?

Why wouldn't you want to use the same solicitor? Would seem an unnecessary complication to find a different one for the POAs.

msb1234

We completed our POAs online ourselves. There really is no need to pay a solicitor to do them - its a fairly simple process.

Keep_pedalling

katzy5 said:

Thanks for all your responses everyone. It has calmed my nerves a little. Solicitor can keep the original as long as we have a certified copy. I will look into getting it properly registered if possible.

This was becoming more stressful than going for a job interview heh. So i finally picked up the telephone and called my brother to get his opinion. To my surprise he has absolutely no qualms about me being the primary executor and/or beneficiary. Mum thinks with him being so far away, it might be more convenient to make me both. But this is also scary for me - it sounds like a lot of responsibility.

Can i ask when people say "The Estate" does that include everything a person owns? or just money/bank accounts, furniture, possessions and other valuables but excluding property?

Also suggested above was the POA. Mum doesnt have those done yet. Would it better to have them done by the same solicitor or find someone new?

Making a LPA is not that difficult and unlike a will is perfectly OK to DIY it. While you are at at you should consider making your own, like wills they should not be left until your dotage by which time it may be to late.

RAS

Alter_ego said:

When you use a solicitor you are employing them. They will store wills or hand them over as you instruct them.

It's not quite that easy. Much better to lodge them with the Probate Registry.

Store a will with HM Courts and Tribunals Service (HMCTS) - GOV.UK (www.gov.uk)

It costs us a lot of money to extract a will from the firm of solicitors who held a will. Although the name of the firm was the same, the partners had changed and they were very difficult/lied. 

We probably should have put in a formal complaint but were just exhausted by the time we got administration sorted months later than necessary.

katzy5

RAS said:

Alter_ego said:

When you use a solicitor you are employing them. They will store wills or hand them over as you instruct them.

It's not quite that easy. Much better to lodge them with the Probate Registry.

It costs us a lot of money to extract a will from the firm of solicitors who held a will. Although the name of the firm was the same, the partners had changed and they were very difficult/lied. 

We probably should have put in a formal complaint but were just exhausted by the time we got administration sorted months later than necessary.

I did ask the solicitor if he would be able to register mums will in this way and he just shrugged his shoulders and made it seem as if it was not important. Makes me wonder if they they dont want people to know about that option.

Would it be better if i lodge a copy of the will or it must be the original will? Because i checked the link and it doesnt state whether it can be a copy. Presumably it will have to be the original will. But i think the solicitor firm wants to keep hold of the original. So not sure what to do.

Should i try to get it in writing from the solicitor before we pay the bill? That mum wants her will to be registered via HMCTS. To be sent a lodgement certificate.

Keep_pedalling

katzy5 said:

RAS said:

Alter_ego said:

When you use a solicitor you are employing them. They will store wills or hand them over as you instruct them.

It's not quite that easy. Much better to lodge them with the Probate Registry.

It costs us a lot of money to extract a will from the firm of solicitors who held a will. Although the name of the firm was the same, the partners had changed and they were very difficult/lied. 

We probably should have put in a formal complaint but were just exhausted by the time we got administration sorted months later than necessary.

I did ask the solicitor if he would be able to register mums will in this way and he just shrugged his shoulders and made it seem as if it was not important. Makes me wonder if they they dont want people to know about that option.

Would it be better if i lodge a copy of the will or it must be the original will? Because i checked the link and it doesnt state whether it can be a copy. Presumably it will have to be the original will. But i think the solicitor firm wants to keep hold of the original. So not sure what to do.

Should i try to get it in writing from the solicitor before we pay the bill? That mum wants her will to be registered via HMCTS. To be sent a lodgement certificate.

If your mother does not want the will stored with the solicitor, then it is down to her to register it not the solicitor.

RAS

This is your mum's will, NOT the solicitor's property.

He needs to do what he is told by his client (mum), not just what he fancies.

If mum wants to use the Probate Registry (and it is her decision), she can ask for the original and either take it to a Probate Registry or use the mailing service provided by HMCTS.

Our mum unfortunately thought the copy kept in a drawer at home was the original. When I checked up with the firm to find out if they had the original, I could almost hear them licking their lips.

katzy5

RAS said:

This is your mum's will, NOT the solicitor's property.

He needs to do what he is told by his client (mum), not just what he fancies.

If mum wants to use the Probate Registry (and it is her decision), she can ask for the original and either take it to a Probate Registry or use the mailing service provided by HMCTS.

Our mum unfortunately thought the copy kept in a drawer at home was the original. When I checked up with the firm to find out if they had the original, I could almost hear them licking their lips.

I totally agree - so that means mum will need to ask them to provide her with the original after it has been witnessed. I'm almost dreading it, in case they refuse. But we need to wait for the draft to be done at the moment, so i will find out soon.

After it has been lodged with Probate registry or HMCTS does that mean a solicitor or anyone who needs to access to it would be able to? At a future point in time.

Keep_pedalling

katzy5 said:

RAS said:

This is your mum's will, NOT the solicitor's property.

He needs to do what he is told by his client (mum), not just what he fancies.

If mum wants to use the Probate Registry (and it is her decision), she can ask for the original and either take it to a Probate Registry or use the mailing service provided by HMCTS.

Our mum unfortunately thought the copy kept in a drawer at home was the original. When I checked up with the firm to find out if they had the original, I could almost hear them licking their lips.

I totally agree - so that means mum will need to ask them to provide her with the original after it has been witnessed. I'm almost dreading it, in case they refuse. But we need to wait for the draft to be done at the moment, so i will find out soon.

After it has been lodged with Probate registry or HMCTS does that mean a solicitor or anyone who needs to access to it would be able to? At a future point in time.

You are totally over thinking this, they can’t refuse and they won’t refuse.