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  • FIRST POST
    • Swanseajack
    • By Swanseajack 27th Feb 18, 4:55 PM
    • 87Posts
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    Swanseajack
    Requesting Copy of Will
    • #1
    • 27th Feb 18, 4:55 PM
    Requesting Copy of Will 27th Feb 18 at 4:55 PM
    Long back story, but basically I have been advised by CAB to request a copy of my Mum's will file, which should include the attendance note that would have been completed at the time of making the will (apparently this details the discussions that were had at the time of making the will with the solicitor). We are trying to check what advice Mum was given and CAB have told me that this will be documented in the file package. Does anybody have experience of having requested one of these from a solicitor? Also, there is likely to be a cost, so again, if anybody has knowledge of how much we're talking about I would be grateful.
    Thanks, Jack
Page 1
    • Yorkshireman99
    • By Yorkshireman99 27th Feb 18, 5:17 PM
    • 4,252 Posts
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    Yorkshireman99
    • #2
    • 27th Feb 18, 5:17 PM
    • #2
    • 27th Feb 18, 5:17 PM
    Long back story, but basically I have been advised by CAB to request a copy of my Mum's will file, which should include the attendance note that would have been completed at the time of making the will (apparently this details the discussions that were had at the time of making the will with the solicitor). We are trying to check what advice Mum was given and CAB have told me that this will be documented in the file package. Does anybody have experience of having requested one of these from a solicitor? Also, there is likely to be a cost, so again, if anybody has knowledge of how much we're talking about I would be grateful.
    Thanks, Jack
    Originally posted by Swanseajack
    The solictor is not obliged to give any information except in specific circumstances. A bit more detail would help. I somebody challenging the validity of the will or your mother's mental capacity?
    • Margot123
    • By Margot123 27th Feb 18, 5:31 PM
    • 844 Posts
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    Margot123
    • #3
    • 27th Feb 18, 5:31 PM
    • #3
    • 27th Feb 18, 5:31 PM
    I don't think a solicitor would release their own file notes, unless ordered to do so by a court.

    The notes are made as much to protect the solicitor as their client.
    • Swanseajack
    • By Swanseajack 27th Feb 18, 8:18 PM
    • 87 Posts
    • 20 Thanks
    Swanseajack
    • #4
    • 27th Feb 18, 8:18 PM
    • #4
    • 27th Feb 18, 8:18 PM
    Thanks for responses, CAB's solicitor told me it was a fairly standard thing to request, and one for which you just have to write a letter requesting that it be released to you. Mum still has capacity although I hold PoA for her. She feels that the advice she was given was not great when she made the will, and we'd like to read what the notes say she was told. CAB solicitor tells me that anyone who has made a will is legally entitled to request their will file, as it is called, and any notes that were made at the time of it being drawn up have to be formally logged and made available upon request. The solicitor in question doesn't seem to have a problem with the actual request, but they're being a bit cagey about potential cost. Say they won't tell me how much they'll charge until they see my Mum's written request. Seems strange to me!
    • Yorkshireman99
    • By Yorkshireman99 27th Feb 18, 8:27 PM
    • 4,252 Posts
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    Yorkshireman99
    • #5
    • 27th Feb 18, 8:27 PM
    • #5
    • 27th Feb 18, 8:27 PM
    Thanks for responses, CAB's solicitor told me it was a fairly standard thing to request, and one for which you just have to write a letter requesting that it be released to you. Mum still has capacity although I hold PoA for her. She feels that the advice she was given was not great when she made the will, and we'd like to read what the notes say she was told. CAB solicitor tells me that anyone who has made a will is legally entitled to request their will file, as it is called, and any notes that were made at the time of it being drawn up have to be formally logged and made available upon request. The solicitor in question doesn't seem to have a problem with the actual request, but they're being a bit cagey about potential cost. Say they won't tell me how much they'll charge until they see my Mum's written request. Seems strange to me!
    Originally posted by Swanseajack
    It is only a few pages of photo copying so 50-100 should be plenty.
    • Swanseajack
    • By Swanseajack 27th Feb 18, 8:45 PM
    • 87 Posts
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    Swanseajack
    • #6
    • 27th Feb 18, 8:45 PM
    • #6
    • 27th Feb 18, 8:45 PM
    Good Lord, really?! That much, you think? Wow, I'm really out of touch with such things...
    • Yorkshireman99
    • By Yorkshireman99 27th Feb 18, 9:02 PM
    • 4,252 Posts
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    Yorkshireman99
    • #7
    • 27th Feb 18, 9:02 PM
    • #7
    • 27th Feb 18, 9:02 PM
    A guesstimate really but by the time it has been dug out and copied plus him checking and signing it. He might be concerned that you were going to pressure your mum to change the will.
    • Swanseajack
    • By Swanseajack 27th Feb 18, 11:38 PM
    • 87 Posts
    • 20 Thanks
    Swanseajack
    • #8
    • 27th Feb 18, 11:38 PM
    • #8
    • 27th Feb 18, 11:38 PM
    Hmm, interesting, thanks for your input, appreciated. Jack
    • badmemory
    • By badmemory 28th Feb 18, 12:40 AM
    • 1,714 Posts
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    badmemory
    • #9
    • 28th Feb 18, 12:40 AM
    • #9
    • 28th Feb 18, 12:40 AM
    Or rather than paying out for this (& then making a new will) why not just suggest she makes a new will?
    • AnotherJoe
    • By AnotherJoe 7th Mar 18, 8:44 AM
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    AnotherJoe
    What badmemory says, if mum is unhappy with advice which then led to a will she doesn't like the remedy is to change the will rather than start digging back into history to see why the will is wrong which will only end up with changing the will.
    • Manxman in exile
    • By Manxman in exile 7th Mar 18, 12:35 PM
    • 1,475 Posts
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    Manxman in exile
    What badmemory says, if mum is unhappy with advice which then led to a will she doesn't like the remedy is to change the will rather than start digging back into history to see why the will is wrong which will only end up with changing the will.
    Originally posted by AnotherJoe

    Seems like sound advice to me. (Presuming you mum still has capacity).


    OP - you haven't said what the problem with the will is.
    • AnotherJoe
    • By AnotherJoe 8th Mar 18, 7:40 AM
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    AnotherJoe
    OP, are condolences in order because mum has died or lost capacity and this is why the question is being asked?
    • elsien
    • By elsien 8th Mar 18, 7:43 AM
    • 16,551 Posts
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    elsien
    OP, are condolences in order because mum has died or lost capacity and this is why the question is being asked?
    Originally posted by AnotherJoe
    See post 4.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • AnotherJoe
    • By AnotherJoe 8th Mar 18, 9:31 AM
    • 9,606 Posts
    • 10,683 Thanks
    AnotherJoe
    Thanks. In that case back to "just make a new will and be done with it"
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