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

poseidon1

https://forums.moneysavingexpert.com/discussion/6683877/cant-find-original-signed-will-have-a-copy-and-a-newer-unsigned-will

In the situation you have outlined there is a concept of 'presumption of revocation', ie the testator is presumed to have intended ( or has ) destroyed the original signed will with the intention that the newer unsigned will takes it place.

Problem of course is the unsigned will is invalid, so if the original will presumed destroyed one maybe back to an effective intestacy - see article below discussing this -

https://bbc-law.co.uk/legal-news/what-happens-if-a-will-is-lost-or-cannot-be-found/

If the OP is unprepared to do the leg work involved in trying to locate the original will (which may no longer exsist ) or similarly ascertain if there is a signed replacement, a possible solution if OP is willing, is to enter into agreement with the charities that they are willing to honor what appears to be the Aunt's final wishes by varying the intestacy to give up the estate residue in favour of the charities in exchange for the £20k each stipulated in the unsigned will.

Of course the OP and sister have to be the sole beneficiaries entitled under intestacy for them to have the authority to make such an agreement, and also happy to give up an estate which could potentially be theirs as of right if they simply let the normal legal process unfold where a will goes missing and a legal presumption of destruction is held to apply.

p00hsticks

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.

The larger charities have a service that monitors grants of probate and will inform them if they are mentioned in the will.

AP3

https://forums.moneysavingexpert.com/discussion/comment/82142133#Comment_82142133

I can see that working, but in the case of intestacy, presumably no will is involved in the probate process. So I guess there needs to be a valid will for them to become aware (which makes sense).

AP3

https://forums.moneysavingexpert.com/discussion/comment/82142059#Comment_82142059

Thanks @poseidon1 that link is very helpful!

Grumpy_chap

Presumably, the Solicitors should be searching for the original, signed copy of the newer Will first, assuming that there is, or quite possibly is, a properly created version of that second Will. (The unsigned Will counts for nothing.)

If the later Will is determined as never created, then the Solicitors should be searching for the earlier Will in original form.

All of that search should be by the Solicitors and funded by the Estate. I suppose the effort to establish that the original Will was destroyed with intent or by accident is a difficult demarcation to determine. Did the Aunt have a regular firm of Solicitors she is likely to have used, or was the photocopy Will show that the content was Solicitor-drafted?

Is the Solicitor asking the OP to pay because the Estate has insufficient liquid assets?

Who might not accept the photocopy? Probate service?

The OP sounds like they'd be happy enough to still respect the wishes of the Aunt. That might give a simple way to resolve this. Get the Solicitor to do the searches for the Will (paid by the Estate). If the Solicitor determines there is no valid Will, then the OP and OP's Sister both do a DoV against the intestate rules to give the same amount to the charities as though the Will had been properly in place.

AP3

We know the 2 solicitors involved, and both are still in business. The second will was given to her to get signed/witnessed, but this appears to have never been done. The estate is solvent, to the tune of around £600k, so I agree that there's no reason for the search to be funded by my sister and I.

Apparently getting a photocopy accepted would be difficult (by the probate service), given the circumstances of a second will having been drafted, indicating a change in wishes.