Obtain original will

elb_123

Hi, my nan recently passed away and I am currently trying to navigate probate. She had a will, which I have a copy of, and my mum was named as the sole executor. My mum also passed away last year, before my nan, so is unable to carry out this position. My sister and I are now the two main beneficiaries of the estate so are dealing with the admin, but upon contacting the solicitors I have found they will not release the original will as I am not the executor. I have heard of a letter of authority to obtain this, but I’m unsure how this works, or whether it would be released I am only administering the will.

msb1234

did did they by any chance say they had to be the executors now? Because they are wrong! 

elb_123

msb1234 said:

did did they by any chance say they had to be the executors now? Because they are wrong! 

They haven’t said that, they just kept saying they can’t release it to me. They have also been incredibly slow to respond to me, or haven’t responded to queries at all.. really not helpful given the situation we are in. I’m not sure where I stand now!

msb1234

I would ask them what has to be done in order for the will to be released. 

Keep_pedalling

Who administered you mother’s estate?

elb_123

Keep_pedalling said:

Who administered you mother’s estate?

It is still being dealt with, but it is being done by my father

Savvy_Sue

It's possible that they will release it to your dad, as executor of mum's estate he may acquire that responsibility.

Once he's got it, you can then apply for "letters of administration with will annexed". 

Can you phone and ask if your dad can be given Nan's will, and if not, who they will release the original to?

RAS

We had a similar run around. They were desperate to get the fees.

Did your mum have a will.

Olinda99

there are rules for who can apply to be executor should the executor named in the will have died before the testator

once a new executor has been agreed then they should be able to obtain the will from the solicitor

Google it but for example

https://www.thegazette.co.uk/all-notices/content/103585

 if there is only one named executor and they pass away, or all executors pass away, the The Non-Contentious Probate Rules 1987 (NCPR) determine who is entitled to obtain a ‘grant of letters of administration with will annexed’.

It should be noted the order of persons entitled in this situation are different to the rules of intestacy.

According to Rule 20 of the NCPR, the order of persons entitled to apply for probate if the executor(s) of a will has died are as follows (in order of priority):

1. a trustee of the ‘residuary estate’ (the assets left in a deceased person's estate after all gifts are bequeathed and all debts, taxes and fees have been paid)
2. a residuary beneficiary
3. a personal representative of any residuary beneficiary
4. a ‘legatee’ (a person who receives a legacy) or a creditor of the deceased
5. a personal representative of a legatee or creditor of the deceased

If one or more persons are entitled to the same degree any can apply for the grant without notice to the others. The application must “clear off” (explain what has happened) to the original executor(s).