Solicitors have lost my FIL’s Will

kind_intentions

Hi thanks for any help in advance. FIL has passed away and organising probate. We have a letter from solicitor saying they retained will but they’ve just told us they don’t have any trace of it. We do have a copy. They have asked us to pay for searches. I’m concerned they haven’t taken any responsibility. What are my rights please can someone help me. I don’t really want the expense of another solicitor but would I need this? TY

Robin9

Is your copy signed and witnessed ?

kind_intentions

Robin9 said:

Is your copy signed and witnessed ?

Yes it was done in 2008 and the copy was safe at home. 

Marcon

kind_intentions said:

Hi thanks for any help in advance. FIL has passed away and organising probate. We have a letter from solicitor saying they retained will but they’ve just told us they don’t have any trace of it. We do have a copy. They have asked us to pay for searches. I’m concerned they haven’t taken any responsibility. What are my rights please can someone help me. I don’t really want the expense of another solicitor but would I need this? TY

They want you to pay for something they've lost...ask them why you should pay for their incompetence.

poppystar

You certainly shouldn’t be paying for them to search if you have a letter from them saying that the Will was in their safekeeping.

Another solicitor would get you nowhere - they can’t find the Will for you. 

You need to raise a complaint with the original solicitors. Then escalate it if they give you no response in a reasonable time - their complaint policy should be outlined somewhere. 

There is a process for obtaining probate with a copy of the Will but be warned it takes ages - almost a year when I had to do it after a solicitor lost the original. 

kind_intentions

Thank you poppystar. I’m sorry this happened to you too. Such incompetence. Appreciate the sound advice xx 

Flugelhorn

agree if they have lost it then they need to take on responsibility for looking for it and also looking at the process for getting the probate with only a copy of the will

kind_intentions

Flugelhorn said:

agree if they have lost it then they need to take on responsibility for looking for it and also looking at the process for getting the probate with only a copy of the will

Thank you. The solicitor in question has quoted £900 plus VAT to carry out the probate. This was before the revelation that they had lost the will. So was not planning on using them as it’s overpriced anyway for the simplest of things. We only need probate as there is a largish premium bonds in FIL name. There’s nothing else to it. They don’t deserve to be given all that money I am going to try to do it myself.  Never mind I don’t trust them now anyway. So I don’t know how much of an appetite they’ll have to help. We may have to go down the complaint route I guess. If they’re asking us to pay for searches etc and have barely apologised I’m not holding my breath that they will be proactive in fixing their error. Many thanks for your help x 

Flugelhorn

Goodness me no! they sound like a real shower..  probate is definitely do-able, I managed and hadn't a clue, plenty of help on here and online 

Keep_pedalling

Who inherits his estate? If the will can’t be found would those beneficiaries still inherit the same under the rules of intestacy?

poppystar

Keep_pedalling said:

Who inherits his estate? If the will can’t be found would those beneficiaries still inherit the same under the rules of intestacy?

Good point - and if it isn’t the same would the beneficiaries under intestacy be willing to do a deed of variation to put the situation back to that in the Will? Honestly that would be so much easier than fighting to get a copy Will accepted, especially if the solicitors aren’t happy to help. I lost my rag with the solicitors in our case - mainly because they wanted me to employ them to do the probate despite the fact they’d been careless enough to lose the Will! - but when I firmly stated what I wanted from them for me to apply for probate they were contrite enough to produce what was needed. It doesn’t sound like this might be so easy with your solicitors.