Can't find original, signed will. Have a copy, and a newer, unsigned will...

AP3

Per the title. My aunt died, and all we've been able to find is a photocopy of a signed will, and a newer, but unsigned will.

The photocopy leaves my sister and I £5k each, with the rest going to various charities. The newer will leaves my sister and I £20k each, again with the rest going to charity. The estate is worth approximately £600k.

We are using a solicitor, as for the amount we're being left, it didn't seem worth the hassle of administering the estate ourselves (I have done so in the past, but for my wife).

The solicitor is saying that the photocopy probably won't be accepted, and that intestacy may apply (leaving us better off, and some unhappy charities). I thought that a photocopy could be used, it just needs some extra steps?

Also the solicitor is asking for cash from us to have a professional search for the original will done. Whilst I agree that this should be done, and don't agree that we should have to pay. This should surely come from the estate funds, no?

silvercar

Given that you stand to gain most by there being no will found, why would you pay for a search? In the same vein, why administer yourselves when the amounts you are left are defined and the solicitor costs will come out of the charities share?

I agree that the estate should pay, but I am not an expert.

GrubbyGirl_2

If you're concerned about the unhappy charities and the fact that your Aunt would have wanted the bulk of money to go to them, there is nothing stopping you giving the money to charity once the estate is settled.

AP3

Appreciate we would have the option of donating the money should the estate come to us, but charities are renowned for being aggressive at chasing legacy donations, although I'm not sure how they become aware of their existence in the first instance.

Latest from the solicitor is that we "have to assume" that the original will has been destroyed, which may well be the case, but what if it hasn't? Apparently this would render the photocopy invalid.

I suppose all risk lies with the solicitor if they distribute the estate based on intestacy rules, and a will turns up later on?

I suppose I feel a little uncomfortable as we have 2 wills stating her wishes, both of which have been provided, but my late aunt's potential !!!!!!-up is to our (potential) benefit.

Keep_pedalling

Intestacy will only apply if after all efforts to find the original, which may still be stored with a solicitor, have failed, and even then it will probably be down to a court to decide the outcome.

AP3

https://forums.moneysavingexpert.com/discussion/comment/82141913#Comment_82141913

Thanks. So what would the process look like? The solicitors that drew up the wills are still in business, and don't have it. The other solicitor that's doing probate, is only doing so as my Aunt had a pre-paid probate service with them.

I guess they have to do everything to find the original will - but we shouldn't have to pay for this, correct?

Assuming it isn't found, what is the court process, and how involved would we need to be?

We're not after the money, and would just like this wrapped up as quickly as possible, with as little involvement or unnecessary drama for ourselves.

silvercar

We're not after the money, and would just like this wrapped up as quickly as possible, with as little involvement or unnecessary drama for ourselves

Tell the solicitors this. Let them sort it out, after all they have been paid to do so. Make it clear that you aren’t prepared to pay for anything.

The other option would be to tell the charity the situation and let them search for the actual will.

mills112

This is why I believe that all wills should be mandated to be kept / registered with HMTS, else they are not recognised. There should be a system where these are stored centrally. It is not difficult to do in this day of modern tech rather than hiding it in some dusty wardrobes or undeground kitchen basement at the various solicitors. crazy.

35har1old

https://forums.moneysavingexpert.com/discussion/comment/82141906#Comment_82141906

So the solicitot doesn't have it?

Having a copy would suggest its beening held by solictor

user1977

Not sure what the suggested "professional search" involves, but it's pretty normal to put an ad in the trade journals asking solicitors to check whether they hold a Will - I'm guessing that hasn't been attempted yet? Any likely firms which she may have used in the past?

I wouldn't necessarily assume the principal of the copied Will had been destroyed, unless e.g. there was something suggesting she had actually signed a more recent one.

If intestacy applied, are there any other relatives who would be entitled to a share?

AP3

We know the solicitors that did the first and second wills. They confirmed she should have had the original. I guess it's possible that she destroyed the original will, and never got round to signing/witnessing the new will.

I guess they will search the house again (my sister has already done this, but aunt was a hoarder), and perhaps the will register, banks etc.

I believe that we're the only blood relatives still alive. My Dad's side of the family was tiny, Aunt had no kids, and their other brother has passed, and only had step-kids.