Solicitors have lost my FIL’s Will

kind_intentions

poppystar said:

kind_intentions said:

poppystar said:

kind_intentions said:

poppystar said:

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. 

I don’t think this has been an issue before because the assets were the home which has gone to the MIL and the bank accounts which were changed from joint to her name only. So it’s only when trying to do the probate the original will has become an issue. Maybe someone will advise me if Im missing something here. Not heard of a deed of variation before. Would this apply? 

Ok - so first question…do you need Probate for anything at all? If the property was held as joint tenants and the banks have been changed, were there other significant assets you need to get released?

Deeds of variation are a way of changing what the Will says or what would happen under intestacy if beneficiaries want their inheritance to go elsewhere. It honestly sounds like you may not need these. 

Clarify what you need Probate for, then the advice can go from there🙂

As I understand it we need probate to release the premium bonds which are in the region of 30K. Otherwise you’re right nothing else at all that we would need probate for. 

Oh, yes, that’s a pain! I gather some people have managed to get large amounts released by NS&I - may be worth waiting on the phone for an hour or so? 

Oh wouldn’t that be the best solution! NS&I are in the process of sending us some paperwork after we
completed the bereavement form which I guess is the paperwork needed to apply for probate. Wouldn’t that be great if they just released it to the MIL! Would be the end of the headache x thank you so much 

poppystar

poppystar said:

kind_intentions said:

poppystar said:

kind_intentions said:

poppystar said:

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. 

I don’t think this has been an issue before because the assets were the home which has gone to the MIL and the bank accounts which were changed from joint to her name only. So it’s only when trying to do the probate the original will has become an issue. Maybe someone will advise me if Im missing something here. Not heard of a deed of variation before. Would this apply? 

Ok - so first question…do you need Probate for anything at all? If the property was held as joint tenants and the banks have been changed, were there other significant assets you need to get released?

Deeds of variation are a way of changing what the Will says or what would happen under intestacy if beneficiaries want their inheritance to go elsewhere. It honestly sounds like you may not need these. 

Clarify what you need Probate for, then the advice can go from there🙂

As I understand it we need probate to release the premium bonds which are in the region of 30K. Otherwise you’re right nothing else at all that we would need probate for. 

Oh, yes, that’s a pain! I gather some people have managed to get large amounts released by NS&I - may be worth waiting on the phone for an hour or so? 

Right then, it’s back to a copy Will v intestacy. So questions you need to think on..

Does the Will leave everything to MIL or are there other bequests?

Does the value of the estate exceed £322000? That’s the amount that would go to MIL under intestacy, then half of the remainder. 

If the answers there are yes and no then it would all go to MIL whether via Will or intestacy - in which case the latter is likely to be far quicker and less stressful given the solicitors.

If the answers are no and yes then it depends on who else would be missing out by going the intestacy route as to whether a DoV or the long haul of getting a copy Will accepted would be preferable. I’d really say if you go down the copy Will route you are going to need the solicitors to cooperate and need to accept a long wait. Although given it’s Premium Bonds there is no rush, they can stay in the draw for twelve months so you might end up richer by the end of it!

kind_intentions

Thank you Marcon that is really helpful! 

kind_intentions

Hi poppystar. Yea I think the house and bonds would take us over that figure. But it’s a small family and no one contesting anything etc very simple affairs.  I feel so much better informed now about what options I have so thank you all so much x 

user1977

I don't think you have the option of declaring the estate intestate if you know there is/should be a valid Will somewhere?

Savvy_Sue

user1977 said:

I don't think you have the option of declaring the estate intestate if you know there is/should be a valid Will somewhere?

But if you can't find the will - which it seems the OP can't - then it is indeed an option. 

https://www.citizensadvice.org.uk/family/death-and-wills/wills/#:~:text=If%20you%20can't%20find,will%20%E2%80%93%20the%20rules%20of%20intestacy.

If you know what the will said, and it basically follows the rules of intestacy, that's definitely going to be the way to go. 

If it doesn't follow those rules, and everyone who would be disadvantaged is happy to make a Deed of Variation, again, that's the way to go.