Missing will, believed to have been "misappropriated" by disgruntled family member: How to proceed?

Mojisola

If the will was prepared by a solicitor and not a will-writing firm, they would be very remiss if they haven't got records of the meetings and a draft of the will that was signed.

When we were making our wills, our solicitor said that he had recently been to court because of a case like this - the original will was destroyed after the death because one beneficiary stood to receive more under the intestacy rules.  The solicitor's records were enough to allow the estate to be distributed according to the will prepared by the solicitor. 

Spendless

Mojisola said:

If the will was prepared by a solicitor and not a will-writing firm, they would be very remiss if they haven't got records of the meetings and a draft of the will that was signed.

When we were making our wills, our solicitor said that he had recently been to court because of a case like this - the original will was destroyed after the death because one beneficiary stood to receive more under the intestacy rules.  The solicitor's records were enough to allow the estate to be distributed according to the will prepared by the solicitor. 

Mine hasn't. We made ours last summer with a solicitor. At the time we talked everything through and he said that he would be in touch for us to sign and have witnessed our wills. That didn't happen. Our wills were sent through the post to us obviously not signed or witnessed. If the solicitor holds another copy (and we don't know whether this is the case or not) then it would be unsigned and invalid. The only signed and witnessed ones are in our possession. 

Mojisola

Spendless said:

Mojisola said:

If the will was prepared by a solicitor and not a will-writing firm, they would be very remiss if they haven't got records of the meetings and a draft of the will that was signed.

When we were making our wills, our solicitor said that he had recently been to court because of a case like this - the original will was destroyed after the death because one beneficiary stood to receive more under the intestacy rules.  The solicitor's records were enough to allow the estate to be distributed according to the will prepared by the solicitor. 

Mine hasn't. We made ours last summer with a solicitor. At the time we talked everything through and he said that he would be in touch for us to sign and have witnessed our wills. That didn't happen. Our wills were sent through the post to us obviously not signed or witnessed. If the solicitor holds another copy (and we don't know whether this is the case or not) then it would be unsigned and invalid. The only signed and witnessed ones are in our possession. 

As I said, the solicitor should have the draft of the will that was sent out on their computer as well as records of the meetings - things that were discussed, suggestions that you accepted and/or refused, reasons for unequal distribution of the estate, etc.

There is only ever one signed and witnessed will but, if that is destroyed after the death, there are circumstances where the court will accept evidence and witnesses to prove that the terms of the destroyed will should be followed.

km1500

I agree - contact the solicitor asap, say the will.is missing, ask if they have any records

Spendless

Mojisola said:

Spendless said:

Mojisola said:

If the will was prepared by a solicitor and not a will-writing firm, they would be very remiss if they haven't got records of the meetings and a draft of the will that was signed.

When we were making our wills, our solicitor said that he had recently been to court because of a case like this - the original will was destroyed after the death because one beneficiary stood to receive more under the intestacy rules.  The solicitor's records were enough to allow the estate to be distributed according to the will prepared by the solicitor. 

Mine hasn't. We made ours last summer with a solicitor. At the time we talked everything through and he said that he would be in touch for us to sign and have witnessed our wills. That didn't happen. Our wills were sent through the post to us obviously not signed or witnessed. If the solicitor holds another copy (and we don't know whether this is the case or not) then it would be unsigned and invalid. The only signed and witnessed ones are in our possession. 

As I said, the solicitor should have the draft of the will that was sent out on their computer as well as records of the meetings - things that were discussed, suggestions that you accepted and/or refused, reasons for unequal distribution of the estate, etc.

There is only ever one signed and witnessed will but, if that is destroyed after the death, there are circumstances where the court will accept evidence and witnesses to prove that the terms of the destroyed will should be followed.

Ok, but let's say my only  signed and witnessed will that's in my possession goes astray. How would my beneficiaries know I didn't tear it up and destroy it myself as I'd changed my mind as I had decided I'd prefer the rules of intestacy to take place instead or even never signed the copy the solicitor sent, which would make the will invalid anyway - and was the situation we did have for a few weeks as our preferred witnesses were on hol  or gone to a completely different solicitor and had a completely different will made? 

RAS

One reason to make sure it's deposited with the HMCTS. Costs £20 and can be withdrawn any time. Just tell your executor and possibly other beneficiaries.

Do store details of any wishes re funeral at home/discuss with family.

user1977

Spendless said:

Mojisola said:

Spendless said:

Mojisola said:

If the will was prepared by a solicitor and not a will-writing firm, they would be very remiss if they haven't got records of the meetings and a draft of the will that was signed.

When we were making our wills, our solicitor said that he had recently been to court because of a case like this - the original will was destroyed after the death because one beneficiary stood to receive more under the intestacy rules.  The solicitor's records were enough to allow the estate to be distributed according to the will prepared by the solicitor. 

Mine hasn't. We made ours last summer with a solicitor. At the time we talked everything through and he said that he would be in touch for us to sign and have witnessed our wills. That didn't happen. Our wills were sent through the post to us obviously not signed or witnessed. If the solicitor holds another copy (and we don't know whether this is the case or not) then it would be unsigned and invalid. The only signed and witnessed ones are in our possession. 

As I said, the solicitor should have the draft of the will that was sent out on their computer as well as records of the meetings - things that were discussed, suggestions that you accepted and/or refused, reasons for unequal distribution of the estate, etc.

There is only ever one signed and witnessed will but, if that is destroyed after the death, there are circumstances where the court will accept evidence and witnesses to prove that the terms of the destroyed will should be followed.

Ok, but let's say my only  signed and witnessed will that's in my possession goes astray. How would my beneficiaries know I didn't tear it up and destroy it myself as I'd changed my mind as I had decided I'd prefer the rules of intestacy to take place instead or even never signed the copy the solicitor sent, which would make the will invalid anyway - and was the situation we did have for a few weeks as our preferred witnesses were on hol  or gone to a completely different solicitor and had a completely different will made? 

As I said above, these things are decided on the balance of probabilities, it's not black and white. So it depends what evidence you leave behind - if everyone knows that you made a Will, but secretly you then ripped it up and didn't tell anyone or leave any other clues, then you'll need to take the risk that the Will might still be given effect to.

It would seem rather odd for someone to revoke a Will and not have replaced it with a new one.

BikingBud

Wouldn't the broader knowledge of the relationships also not carry significant weight. History of irreconcilable differences between donor and sibling C and no evidence to indicate recent and significant improvement would surely only support that discussion had occurred with the solicitors about exclusion of Sibling C and it being a well considered and deliberate action.

Moreover if they donor had taken the effort to leave a will and especially a will that excludes one of the off spring, fully understanding the need for and impact of the will  why if they had significant change of heart did the donor not record that?

A logical person is unlikely to suddenly do impetuous things.

Mojisola

Spendless said:

Ok, but let's say my only  signed and witnessed will that's in my possession goes astray. How would my beneficiaries know I didn't tear it up and destroy it myself as I'd changed my mind as I had decided I'd prefer the rules of intestacy to take place instead or even never signed the copy the solicitor sent, which would make the will invalid anyway - and was the situation we did have for a few weeks as our preferred witnesses were on hol  or gone to a completely different solicitor and had a completely different will made? 

That's a very different scenario.

In this case, the signed will was seen and photographed after the death had occurred.

Spendless

Mojisola said:

Spendless said:

Ok, but let's say my only  signed and witnessed will that's in my possession goes astray. How would my beneficiaries know I didn't tear it up and destroy it myself as I'd changed my mind as I had decided I'd prefer the rules of intestacy to take place instead or even never signed the copy the solicitor sent, which would make the will invalid anyway - and was the situation we did have for a few weeks as our preferred witnesses were on hol  or gone to a completely different solicitor and had a completely different will made? 

That's a very different scenario.

In this case, the signed will was seen and photographed after the death had occurred.

That's because I was talking in general about this, rather than this particular case. Our solicitor doesn't have a signed copy of our will and has no idea if we actually signed and got it witnessed  after he posted it to us  or ripped it up and threw it away 

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  4 January at 6:06PM

  Mojisola said:

  If the will was prepared by a solicitor and not a will-writing firm, they would be very remiss if they haven't got records of the meetings and a draft of the will that was signed.

  When we were making our wills, our solicitor said that he had recently been to court because of a case like this - the original will was destroyed after the death because one beneficiary stood to receive more under the intestacy rules.  The solicitor's records were enough to allow the estate to be distributed according to the will prepared by the solicitor. 
  

  Mine hasn't. We made ours last summer with a solicitor. At the time we talked everything through and he said that he would be in touch for us to sign and have witnessed our wills. That didn't happen. Our wills were sent through the post to us obviously not signed or witnessed. If the solicitor holds another copy (and we don't know whether this is the case or not) then it would be unsigned and invalid. The only signed and witnessed ones are in our possession.