Solicitor is sole executor but has closed and has no successor

camelcoke

Any advice on the following would be gratefully received...

My Mam recently passed away and I found a copy of the will amongst her papers which lists a solicitors firm as sole executors. This firm was taken over but the firm that took over closed in 2020 following an intervention by the SRA. I have contacted the SRA who have the original will in storage but say there is no successor to the solicitor as it was closed following an intervention.

I have no brothers or sisters and apart from a few small gifts of jewelry and 4 x £200 to individuals I am the sole beneficiary of her property and estate, approximately £100k.

What's my next steps, as the will just states the solicitor as executor who is no longer in business and has no successor?

poppystar

I believe you can apply for Letters of Administration with Will attached if you need to, which given there is a property may well be the case. You will need the proof that the executors no longer exist and the original Will which should be released to you if you are first in the order to get Letters of Administration as appears to be the case. 

Flugelhorn

so you don't have the original will and the executor is no longer in business?

was it a copy of the signed will?

"A copy of a signed Will can still be used in an application for a Grant of Probate (known as “proving” a Will in the application). It cannot be a draft or a copy which is unsigned. If the original cannot be found despite the best efforts of the Personal Representatives and they submit a copy for proving, then they must produce an affidavit explaining why it is a copy rather than the original being submitted in the application. The Probate Registry will consider the circumstances surrounding the application, and decide whether or not to issue a Grant or make further enquiries."

I suspect this will end up being intestate - you as only child  will get the  estate - it would be up to you to make gifts as per her will if you wished 

Keep_pedalling

Flugelhorn said:

so you don't have the original will and the executor is no longer in business?

was it a copy of the signed will?

"A copy of a signed Will can still be used in an application for a Grant of Probate (known as “proving” a Will in the application). It cannot be a draft or a copy which is unsigned. If the original cannot be found despite the best efforts of the Personal Representatives and they submit a copy for proving, then they must produce an affidavit explaining why it is a copy rather than the original being submitted in the application. The Probate Registry will consider the circumstances surrounding the application, and decide whether or not to issue a Grant or make further enquiries."

I suspect this will end up being intestate - you as only child  will get the  estate - it would be up to you to make gifts as per her will if you wished 

The original will is in storage and it should be released to the OP as the main beneficiary so they can carry out the administration as per poppystar,s reply. 

Flugelhorn

sorry misread first post - yes good that the original will is in storage - can then get admin

camelcoke

poppystar said:

I believe you can apply for Letters of Administration with Will attached if you need to, which given there is a property may well be the case. You will need the proof that the executors no longer exist and the original Will which should be released to you if you are first in the order to get Letters of Administration as appears to be the case. 

Thanks, I'm hoping the SRA will be able to provide me with proof, I think that will be the challenge.

Savvy_Sue

camelcoke said:

poppystar said:

I believe you can apply for Letters of Administration with Will attached if you need to, which given there is a property may well be the case. You will need the proof that the executors no longer exist and the original Will which should be released to you if you are first in the order to get Letters of Administration as appears to be the case. 

Thanks, I'm hoping the SRA will be able to provide me with proof, I think that will be the challenge.

I don't imagine you'll need a forensic level of proof: it may be as simple as a statement as to why you are applying to act as executor rather than the originally named firm of solicitors. If the SRA send you a letter with the will that might help, but it is something which the Probate office could check for themselves, were they so minded. (Will names Bloggins and Bloggins, solicitors of Blogginton, as executors. Ms Coke says they don't exist any more, nor does Bliggins and Bliggins, the firm who took over their business. Do either of these firms still exist? Google says no, excellent, doesn't look like she's making it up.)