Copy Will - original will lost

poppystar

LilyVla said:

I have a question. I've worked out my husband’s estate is worth less than £250k. Would intestacy rules mean that amount would still be divided between me ( as spouse) and the children?

Do you actually need probate for any part of the estate?

Under intestacy if the total of all assets is less than £270k then it should all go to spouse:

https://www.gov.uk/inherits-someone-dies-without-will

Keep_pedalling

LilyVla said:

I have a question. I've worked out my husband’s estate is worth less than £250k. Would intestacy rules mean that amount would still be divided between me ( as spouse) and the children?

No you would get it all ( unless you live in Scotland). Children are only entitled to 50% of any amount above £270k, so it would be the minor beneficiaries who would loose out not you. You could always keep your husbands wishes by gifting those small bequests from your inheritance. 

As this was quite a small estate are you sure you need probate? Banks will pay out quite large amounts without it and you don’t need it for jointly held assets such as your home.

LilyVla

Barclays Bank has asked for probate because my late husband had £51k on his bank account. If they hadn't asked, I would not have needed to apply. 

Keep_pedalling

LilyVla said:

Barclays Bank has asked for probate because my late husband had £51k on his bank account. If they hadn't asked, I would not have needed to apply. 

Ouch! That is only £1,000 over their limit.

Sarahspangles

Keep_pedalling said:

LilyVla said:

I have a question. I've worked out my husband’s estate is worth less than £250k. Would intestacy rules mean that amount would still be divided between me ( as spouse) and the children?

No you would get it all ( unless you live in Scotland). Children are only entitled to 50% of any amount above £270k, so it would be the minor beneficiaries who would loose out not you. You could always keep your husbands wishes by gifting those small bequests from your inheritance. 

As this was quite a small estate are you sure you need probate? Banks will pay out quite large amounts without it and you don’t need it for jointly held assets such as your home.

Would Barclays also pay out on letters of administration for an intestate estate?

LilyVla

I have no idea re letters of administration and Barclays. I'm so annoyed that the solicitor put me in this position. 

If the Probate Court rejects my application for probate given I only have copies of the original, will they reimburse my fees?

Also, how do I ensure that my new will that I need to make will be dustinguished from a copy? Can I request that the original Will is printed on embossed/colour paper? 

Since making my Will in 2017 my health has declined. I suffer from chronic pain and have mobility issues so going to a firm to draft/execute my Will is more hassle. 

Mojisola

LilyVla said:

Also, how do I ensure that my new will that I need to make will be dustinguished from a copy?

Store the original with www.gov.uk/government/publications/store-a-will-with-the-probate-service/how-to-store-a-will-with-the-probate-service
Make sure your executors know that you've done it and give them the reference number they will need to retrieve it.

Keep_pedalling

LilyVla said:

I have no idea re letters of administration and Barclays. I'm so annoyed that the solicitor put me in this position. 

If the Probate Court rejects my application for probate given I only have copies of the original, will they reimburse my fees?

Also, how do I ensure that my new will that I need to make will be dustinguished from a copy? Can I request that the original Will is printed on embossed/colour paper? 

Since making my Will in 2017 my health has declined. I suffer from chronic pain and have mobility issues so going to a firm to draft/execute my Will is more hassle. 

Letters of Administration provide the same level of authority as probate, it’s just a slightly different procedure where there is no will or an invalid will. It’s fairly easy to distinguish an original from a photocopied copy but the copy should be clearly marked as such on the front page (ours are).

Don't send in the PA13  until you have asked the solicitors for some corroborating evidence of what seems to have happened. I would certainly be asking them to either refund the cost of you4 will or them drafting up a new one FOC.

Loll10

@LilyVla I collected my father's will from my parents' solicitor in January this year. I had to write a letter giving permission for them to release it to me together with ID etc.

The original will that I was given was 3 pages of thick paper inside a thin clip binder with a clear front.

The original must not be removed, stapled, marked or damaged. 

The copy was clearly a photocopy with a cardboard corner stapled to the top left with their company name on it. My mother gave me their copy mirror wills to keep many years ago. The solicitor also included a letter explaining in plain English who would inherit etc.

The solicitor that was used to write the will was not the same one who I collected it from. They had taken the company over several years ago. The will was easily found. 

It does sound strange that they believe you've been given the originals and didn’t get anyone to sign a receipt at the time.

I’m sorry your health has declined, it’s extra stress that you don’t need. Could you ask someone to go with you to the branch office, take all the documents you have, and ask them to go through the files they have on their side?