Author Topic: Missing Will.  (Read 292 times)

Offline zetlander

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Missing Will.
« on: Saturday 23 May 20 13:06 BST (UK) »
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.

Offline Crumblie

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Re: Missing Will.
« Reply #1 on: Saturday 23 May 20 13:18 BST (UK) »
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.

Offline CaroleW

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Re: Missing Will.
« Reply #2 on: Saturday 23 May 20 13:38 BST (UK) »
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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Offline zetlander

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Re: Missing Will.
« Reply #3 on: Saturday 23 May 20 16:53 BST (UK) »
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.

Offline CaroleW

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Re: Missing Will.
« Reply #4 on: Saturday 23 May 20 17:28 BST (UK) »
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
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