Solicitor cannot locate original will

Portugal1000

My mum appointment solicitors executors 10 years ago, I have a photo copy of the signed will that solicitors gave her and I would assume that given they are executors they would have kept the original This is what she always told me. The solicitor was taken over a year or so ago and now the new company cant find any record. They said everything is in boxes and they are still working through it all but no digital record. My mum must have paid them to write it so you would think there would be some record.
Anyway I wondered if anyone had similar experience. Really could do without this stress.
Thank you 

user1977

Is mum still around? Has nobody found any correspondence to indicate what would have happened? Are you certain that was her last Will?

If the original has been lost then the copy can be used, but there's a (court?) process to go through in order to do so.

Keep_pedalling

It is possible to apply for probate using a copy of the will and in this case it should not be too difficult to prove that it has been lost either by the original solicitor or in the transfer to the replacement solicitors. If it fails to turn up when they have finished the search they must provide an afdavit/statement of truth and exhibits to lead to a R54 NPCR 1987 order to prove a copy of the will.

Alternatively if you are going to take on the role ( the original executors no longer being in existence) you will need to submit form PA13 with the application. 

https://assets.publishing.service.gov.uk/media/63f34912d3bf7f62e21c27ad/PA13_0421_save.pdf

RAS

Portugal1000 said:

My mum appointment solicitors executors 10 years ago, I have a photo copy of the signed will that solicitors gave her and I would assume that given they are executors they would have kept the original This is what she always told me. The solicitor was taken over a year or so ago and now the new company cant find any record. 

Is there a huge difference between what is written in the will and what would happen if mum was intestate? Roughly how much is the estate worth?

Alternatively, it is possible for a copy to be accepted instead of the original will, although a slow process according to another poster here, but would the new solicitor be prepared to sign a renunciation in exchange for not having to go through boxes and boxes of papers?

That would be easier, and you could still use them if you needed specific advice?

Portugal1000

My mum passed away last week, only found out solicitor had gone into liquidation today. Was always confident in fact they held everything. A new solicitor was assigned by the SRA - Solicitors Regulation Authority and sounds like they have thousands of boxes sent to them, some haven't even been sent yet so assume coming from archives also. My mums will written 10 years ago and I am almost certain it was the final one. My parents kept the paperwork in perfect order and it would have been very unlikely that she would have gone off an made another will without anyone knowing. I am an only child so other than my dad, who has also passed away, I have no one else who can witness any of this. Genuinely cant believe this can happen. My son is sole beneficiary (her only grandson) and I am very happy with that. Lesson learnt. I will be collecting my signed will from my solicitor at some point and keeping them at home.

RAS

Ok, so by the sounds of it, under the intestacy rules, the whole of mum's estate would come to you, and you could do a deed of variation to transfer it to your son?

Sorry to harp on about money, but is there any risk that IHT is payable on mum's estate, because the executors have 6 months to sort that out. 

And is there any risk that your own estate would be liable for IHT? As that gives you 2 years from mum's death to sort it out. 

Meantime, you might want to do a new will, leaving anything from mum to your son, rather than other relatives in case anything happens to you in the next 2 years?

Please don't keep it at home, store it with the Probate Registry. Costs £20-30 and make sure your executors know where it's kept.

Portugal1000

Thanks. Under IHT threshold as been in very expensive care home for four year but still significant sum. 

poppystar

Good luck. This is a process I’ve been through although without the added complication of the solicitors being executors. Solicitor didn’t even go out of business they simply mislaid the original Will - and initially tried to fob me off with a previous one! Like your parents mine kept everything in order and as executor I also got given a copy of each new Will so I realised immediately there was a problem. My father always did everything properly and as advised so would have been horrified at the loss and the subsequent hell trying to get Probate sorted. It did all get sorted after about ten months but the Probate is a limited grant rather than the usual one which makes it hellish to use too as organisations are not used to seeing them and have to phone the number to check it’s legitimate. 

I think you first need to get the executorship sorted then that will give you the power then to deal with the missing Will. The worst thing would be the new company also taking on that role as they would have no incentive to instigate an immediate thorough search as it would all be done to their timetable. I think, and I’m sure someone will clarify, if they step down you will have to apply for Letters of Administration with Will attached (not that the Will will be🙄). As I say good luck and sorry you’re having to deal with this additional angst. 

RAS

Thanks poppystar, I'm hope that if Portugal can get the solicitors to renounce, you'll help if possible. Mute point if they refuse.

Portugal1000

Thankyou. I literally came back here to ask what I do about changing the executors. It would make sense for me or my son to do it but I really can’t see the right form to complete in this type of circumstance. Any ideas where I start please. I assume as the executor has been liquidated then they can’t officially step down so the deed of renunciation form would not be applicable. What a mess. Trying to stay positive. Can you imagine if this was all going on and you didn’t have enough money to pay for funeral yourself. God only knows how you would get funds released. 

Portugal1000

RAS said:

Thanks poppystar, I'm hope that if Portugal can get the solicitors to renounce, you'll help if possible. Moot point if they refuse.

If solicitor has been liquidated, I assume they can’t renounce. Please correct me if I am wrong. Thank you