Wills kept at the solicitors

Keep_pedalling

I think definitely time for a new will. Do you have children? If you do are they adults? Is MIL still alive?

mills112

https://forums.moneysavingexpert.com/discussion/comment/82137530#Comment_82137530

MIL passed away now. We don't have any children.

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/82137585#Comment_82137585

So his will needs to cater for the unfortunate event that your husband dies before he does, both in terms of executors and who his estate passes to in that event. If he would like you to inherit if that happens his will needs to have a clause saying that otherwise a distant blood relative would inherit and if there were none it would end up with the crown.

A solicitor will go through all the what if situations before drafting a new will for him.

Does he have lasting powers of attorney in place? If not that is another priority for him. While you are at it if you and / or your husband lack wills or LPAs they should be top of your to do list as well.

RAS

FIL wasn't daft. It was common to keep wills with solicitors as most operated for generations.

And I'm not sure HMCTS was even an option in 1996. It may take a few weeks to access the will, but it's much quicker than tracking the company that taken over the business, waiting for them to audit what they've received, and work where the will you want is.

If FIL is compo mentis, he needs to re-write his will, with a clause deciding what happens if DH dies before him. And new executors to replace the law firm.

mills112

https://forums.moneysavingexpert.com/discussion/comment/82137731#Comment_82137731

i haven't thought about a replacement attorney or what happens if my husband dies before my FIL! good points. will need to think about it all. he doesn't have LPA so we will also be looking to set this up.

mills112

so back to my question. if we don't get a new will, on his death, the probate solicitor can retrieve the will from the current solicitors right?

user1977

https://forums.moneysavingexpert.com/discussion/comment/82138413#Comment_82138413

Yes, of course.

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/82138439#Comment_82138439

Assuming the current firm had not in the interim shut down and failed to conduct an orderly return of wills to their clients, which unfortunately does happen.

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/82138413#Comment_82138413

Yes, but a. You don’t need a probate solicitor and b. It would be very foolish for him to not make a new will as it would fail if your husband dies first.

mills112

https://forums.moneysavingexpert.com/discussion/comment/82138486#Comment_82138486

they merged and moved office, but they had sent a letter to my FIL that the will is kept at the new office. he sent them a copy of that letter and they didn't say they don't have it. but i think i will need to get my FIL to make a new will.