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General => The Common Room => The Lighter Side => Topic started by: zetlander on Saturday 23 May 20 13:06 BST (UK)
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In 1962 my grandfather made a will - this was done at home and I recall the Solicitor coming to the house to do this will.
When he died in 1970 the will was not produced and despite a lot of searching he died Intestate.
About 1990 I decided to follow this up - went to the Solicitors who confirmed that my grandfather had made a will with them in 1962.
My grandfather had one child - my mother - if he left all his estate to her could the Solicitors have not bothered with the Will as everything would have gone to my mother anyway?
I can't think of any other reason why a Will would not be proven (not sure if that's the right term.)
Also, if a client instructs a Solicitor not to show some legal papers to anyone - does the solicitor adhere to this even when then client has died.
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Without the will there is no way of knowing if he would indeed have left anything to your mother as terrible as that may sound. It is a pity that the solicitor was not asked to hold a true copy and be executor, but depending on the size of estate the cost of their doing that may have greatly reduced the estate value.
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It's immaterial whether anybody or everybody knew he made a will. If the original cannot be produced when he died - he is deemed to have died intestate.
A photocopy of a will is also not acceptable as it does not prove it was the last will of the deceased.
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Thanks.
I understand if a will can't be found then a person is deemed to have died intestate.
Going back to 1962 would the solicitor who drew up the will keep a copy of the will (pre-photocopier days!) or would it have been more likely that there was just one copy which would have been left with the person making the will.
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Solicitors don't keep copies - same reason - you can go to another solicitor and make a later will so a copy is of no use. Many people making a new will just "revoke all previous wills" in favour of the new one. If a date of the last will is known - then they usually "revoke my will made on .........." or similar wording.
A solicitor will keep the original will for safekeeping if requested