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Find the will
Some years ago my wife and I paid a local solicitor to draw up wills for us, of which we have a copy.
Recenly I have been told that unless a new will has been made, should one of us should die, the original will would still be in force and have priority over anything else. Therefore it must be found.
Having rung the solicitors office and asking for the original document I was told the don't appear to have this.
Any suggestion?
Recenly I have been told that unless a new will has been made, should one of us should die, the original will would still be in force and have priority over anything else. Therefore it must be found.
Having rung the solicitors office and asking for the original document I was told the don't appear to have this.
Any suggestion?
Answers
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I used to draft wills for a living and I've looked through hundreds more at the local Record Office. I don't think that I've ever seen a will which doesn't contain words along the lines of "I hereby revoke all former Wills and testamentary dispositions made by me". (That's a direct 'cut & paste' from my own will). Such a phrase is normally inserted into even the first will that anyone draws up (so that those that find it know that there's no point in looking for older wills and having to decide if any of its terms are still valid).
Just do as others have suggested and draw up new wills. If you're happy with the terms of the existing wills (which you say you have copies of), you can simply copy them out (making any necessary minor changes regarding dates etc) and sign them in the presence of two adult witnesses (who must not be beneficiaries of the wills but who can be your executors) and get the witnesses to sign.
If you're unhappy with the terms of the old wills, you need to write new wills anyway. (As indicated above, any new will should contain a clause revoking any earlier wills). If your requirements are very simple (and the estate isn't complicated) you can do it yourself for free. (Ask your local library for a copy of 'Wills and Probate' published by Which? Books). Otherwise it might be worth paying a professional to do the job.
Chris
Just do as others have suggested and draw up new wills. If you're happy with the terms of the existing wills (which you say you have copies of), you can simply copy them out (making any necessary minor changes regarding dates etc) and sign them in the presence of two adult witnesses (who must not be beneficiaries of the wills but who can be your executors) and get the witnesses to sign.
If you're unhappy with the terms of the old wills, you need to write new wills anyway. (As indicated above, any new will should contain a clause revoking any earlier wills). If your requirements are very simple (and the estate isn't complicated) you can do it yourself for free. (Ask your local library for a copy of 'Wills and Probate' published by Which? Books). Otherwise it might be worth paying a professional to do the job.
Chris
Storage of deeds like wills is a very important matter, they should be kept in fireproof storage the person whose will it is instructs them to do this.
I'd ring them again and ask them to let you know urgently where the will is, ie did they send it to you or retain it for storage.
If they sent it to you then check the address they sent it to, address mistakes can be made especially when a sale of purchase of a property is involved.
They should also have an archived file, with no deeds on it, they must be separately stored, which can be destroyed after a minimum of 6 years.
As said above, you can revoke the former will by words in the new will but if they have lost your original will then I'd say it's pretty good grounds for asking them to do a new one free of charge or at least at a discount.
If they are being difficult or cannot provide a good reason why they do have it then ask for them to invoke their complaints procedure, all firms must have one, and if still no joy that you will take advice from the Solicitors Complaints Service.
I'd ring them again and ask them to let you know urgently where the will is, ie did they send it to you or retain it for storage.
If they sent it to you then check the address they sent it to, address mistakes can be made especially when a sale of purchase of a property is involved.
They should also have an archived file, with no deeds on it, they must be separately stored, which can be destroyed after a minimum of 6 years.
As said above, you can revoke the former will by words in the new will but if they have lost your original will then I'd say it's pretty good grounds for asking them to do a new one free of charge or at least at a discount.
If they are being difficult or cannot provide a good reason why they do have it then ask for them to invoke their complaints procedure, all firms must have one, and if still no joy that you will take advice from the Solicitors Complaints Service.
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