Solicitor keeps hold of original will

Mojisola

katzy5 said:

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.

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.

They can't refuse!  Your Mum can bring the original will home with her after the signing.

Once the will is lodged by the testator, you get a reference number for retrieval - only you or your executors can get the will back.

We've just done this and I'm giving copies of the will and the Probate Registry info to our executors.

katzy5

Mojisola said:

katzy5 said:

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.

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.

They can't refuse!  Your Mum can bring the original will home with her after the signing.

Once the will is lodged by the testator, you get a reference number for retrieval - only you or your executors can get the will back.

We've just done this and I'm giving copies of the will and the Probate Registry info to our executors.

May i ask, how long did it take you to retrieve your original will from the HMCTS or was it Probate registry office? When it is first lodged, how do they send the reference number or is everything by post?

Do they return it by post or you need to travel there and collect? Any other details of the process involved, if you dont mind sharing.

I am seriously considering this option for mum.

Mojisola

I haven't retrieved it - only just registered our new wills with them.

We followed the instructions -

1. Download and print label PA7ENV.
2. Fill in all details on the PA7ENV label in BLOCK CAPITALS.
3. Put the will and/or codicils in an envelope.
4. Get a witness to sign the PA7ENV label.
5. Attach the label to the envelope containing the will and/or codicils.
6. Put the envelope containing the will and/or codicils in a larger envelope, along with a cheque or postal order for £20 made payable to ‘HM Courts and Tribunals Service’ – unless you’ve applied for help with fees.

and sent them off. 

It took a couple of months to get the certificate back by post - it lists the testator's name and address and the same details of all the executors and gives the reference that's needed to retrieve the will.  It's vital that you keep that accessible - that's why we're giving a copy to the executors - we may need to update the date at some point but we've tried to cover the likely eventualities so it may be our executors who have to do that.

I don't know how long it will take to get the will back - that's why we're giving the executors a copy so that they know what will have to be done while they're waiting for the original.

lr1277

Update. Met with the accountants who we might get to do probate. Probate office requires the original will. It was suggested this was a tactic used by solicitors to get you to use them to apply for probate. Make of that what you will. No pun intended.

tooldle

My folks left their wills with the solicitor who created them. I've had cause so far to retrieve one of the two wills. After checking my id, the will was handed over. No problem whatsoever. 

Keep_pedalling

lr1277 said:

Update. Met with the accountants who we might get to do probate. Probate office requires the original will. It was suggested this was a tactic used by solicitors to get you to use them to apply for probate. Make of that what you will. No pun intended.

I don’t think there are any tactics in it it is just a part of the service. Still can’t understand why you want to chuck money at accountants to do probate though.

user1977

lr1277 said:

It was suggested this was a tactic used by solicitors to get you to use them to apply for probate.

It's true that free storage of Wills does encourage future contact with the solicitors (even if that's only after death), and therefore opportunities to get more business. But the solicitors don't have any right to keep hold of the Will if the testator/executors want to uplift it. 

ca213

I believe it is an advantage for safety that the original is kept with a solicitor but once the testator dies they only need the executor's ID and a copy of the death certificate for the executor to retrieve the original.  The only reason the solicitor will not issue it is if there is a dispute between the executors which is my situation at the moment.  From my ongoing experience solicitor's are not 'honest' as most people seem to think.  Because the other executor has retained the solicitor to act for him in his 'personal' capacity (not for the Estate as I refused that as one of the Executors) they have on more than one occasion told me that I am not seen as an executor because I have placed a caveat to stop probate.  This is utter rubbish as an executor is in place from date of death not from grant of probate, so the solicitor has proved himself a liar.  
Solicitors work for the client and take their instructions, that is what they get paid for.  

Keep_pedalling

An executor cannot retain their powers if they are challenging the will, so by entering a caveat you may very well have done that. Have you taken your own legal advice?

user1977

Keep_pedalling said:

An executor cannot retain their powers if they are challenging the will, so by entering a caveat you may very well have done that. Have you taken your own legal advice?

This is an old thread resurrected by @ca213 so I suspect the OP has moved on.