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Will processing
Comments
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I've used the term mirror will as that is how the solicitor we saw in 2018 or 2019 described it.
I don't have access to it, or should I say I have no idea where it might be.
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Thankyou for your message.
My Mom was advised to send her will to London for safekeeping?
Apologies for vague answers, Mom is 83 and tbh probably didn't fully understand everything legal back then.
My then brother in law 'helped' her with advisors etc, though despite his wealth tends to give awful financial advice and has lost Mom money (more fool her for listening to him, he doesn't try it with me!).
The bloke who did her will has passed away, she only knew his name not the firm, its not easy getting information off her.
She has since had the will returned to her but is under the impression as it was registered or recorded in London (again thats all I know) its 'official' and can't be ripped up.
Edit - I have looked for local STEP solicitors. Would I be able to go alone? My Mom hasn't been out the house since 2021 and now couldn't if she wanted to.
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You need to find a STEP solicitor who will come to your mum. Shouldn't be a problem.
However, does your mum have capacity to make a new will?
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When mum dies, her executors need her will. Without it they cannot apply got probate. So her first job is to tell you where the will is kept. And I'd suggest you try to confirm that it is where she thinks it is.
If she doesn't know where the will is, and she doesn't have dad's will either, it's probably going to be safer for her to write a new will using STEP solicitor visiting mum.
In this case, you might be able to help her find the solicitor and arrange the visit but she must be competent to instruct the solicitor and you must not be present.
If you've have not made a mistake, you've made nothing1 -
If your father’s estate went through probate you will be able to get a copy of his will via the probate office for a small fee. If you are unsure you can search to see if they hold the will. A search costs nothing.
Whatever her existing will says there is nothing stopping her making a new one. If there ever was mutual will in place someone would need to challenge the new will to get the mutual will reinstated but that is something that is incredibly difficult to achieve.
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Yes she does, she is a little more forgetful but perfectly capable, only thing is she can't physically get out.
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Thankyou to all of the posters here for your advice. I will look for the will next time I'm at Moms - she has told me where it is kept so hopefully that shouldn't be too difficult.
Many thanks again, its really appreciated.
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Make a copy and post it up here with all personal details redacted.
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Thankyou, I will do. I've been on to a STEP qualified solicitor, they're calling me Monday hopefully. By then I should have the will with me.
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