Need to apply for probate but is my Father's will invalid?

Jac60xx

My Father died in March and I have to apply for probate.  However I found his will that is dated 1982 but I think it is invalid. His address is wrong and the executors are my Mother, who has passed away and the Midland Bank which don't exist anymore.  I did check with HSBC but they stopped dealing with that side of the business.  They forwarded any wills that they were dealing with to an outside source a while back, and they checked and couldn't find any record of my Father's will being passed onto the outside source.  So my question is, should I complete the probate form for when no will exists, or, do I fill out the form when a will does exist, if it's the latter, it asks on the form the reason why the executor can't act, and gives you a number of reasons in tick boxes but none of the reasons on the form apply to the executor not existing anymore.  Can't afford to pay a solicitor to sort this so want to do this myself and I want to get it right.  Thanks!

RAS

If you've found a will, why are you chasing HSBC for another one? The date it was issued is irrelevant.

What evidence of you have of HSBC stopping this side of the business? A phone call or a letter? 

p00hsticks

Sorry for your loss - my father also died last month so I can especially sympathise with what you are going through.   

Is the address where he lived at at the time of the will ?
do you actually have the original will ? 
I don't believe that  the will becomes invalid just because neither named executor is around any more. 
I think you need to apply for 'letters of administration with will annexed'  - i.e. there is a will but you are stepping in as a beneficiary  because neither named executor is able to act. 

You could contact the probate office to check - their contact details are on this page 
 Applying for probate: If there’s a will - GOV.UK (www.gov.uk)   

As an aside - You refer to 'completing the form'.
Unless there are reasons why you need to complete a paper form (and your case might be one, I'm not sure), the online process is generally considered simpler and get's dealt with more quickly.  

Flugelhorn

agree with @p00hsticks'letters of administration with will annexed'  is the thing, happens quite often when the execs are no more. 
Tick the box that one of the execs has died 

Jac60xx

Hi RAS, I had an appointment at an HSBC branch when I told them of my Father's death and they closed his bank account, so while I was there I told them that the will showed Midland bank being an executor.  HSBC took over Midland Bank some years ago, and he searched his records to see if my Father's will was still on their records, and he also searched through the records that were outsourced when they stopped dealing with that side of the business but he couldn't find anything.

Jac60xx

Hi p00hsticks thanks for your help.  I must admit that the online form looks very easy but wasn't sure if I could use that as I do have a will (even if it is 42 years old!)

poppystar

Ensure the Will is the original and not a copy. If the latter and HSBC don’t have a record of the original being anywhere prepare for a very long probate process. 

Does the Will differ from what would happen under intestacy? If it is the same then if you speak to HMCTS to ask anything, point that out. 

I’m assuming there is a property involved or other institutions are asking you for probate as you say you ‘have’ to apply for probate?

p00hsticks

Jac60xx said:

Hi p00hsticks thanks for your help.  I must admit that the online form looks very easy but wasn't sure if I could use that as I do have a will (even if it is 42 years old!)

The fact that there is a will doesn't prevent you from using the online form.
When you've completed the online process and paid the fee you'll get a reference number / cover sheet to note and told which documents you need to send (usually just the will, sometimes also a death certificate)  and where to send it to. 

RAS

poppystar said:

Ensure the Will is the original and not a copy. If the latter and HSBC don’t have a record of the original being anywhere prepare for a very long probate process. 

Does the Will differ from what would happen under intestacy? If it is the same then if you speak to HMCTS to ask anything, point that out. 

I’m assuming there is a property involved or other institutions are asking you for probate as you say you ‘have’ to apply for probate?

As above, is it clear that the will has a wet signature? And two witnesses? What is the rough value of the estate and does it include property? 

If there's no property, stocks and shares or a large National Savings Certificates, it may be possible to administer without probate. Banks will release up to £50k without probate.

If you do need probate, I'd ring the Probate Registry and ask what evidence they need regarding the Midland Bank. Normally they ask a person who was an executor to renounce, which means filling in form PA15.

You will need to supply a certified copy of mum's death certificate.