Original Copy Of A Will .......

[Gizmonster]

A relative of mine has made her will and the original copy was kept with the solicitor.
The solicitor is now no longer about (I think they got investigated for fraud, or some other criminal activity - but whatever the reason, they were closed down).
My question is, does it matter that we no longer have access to the original will, as I have an exact copy of the original, all signed and dated, etc.
Is a copy sufficient, or does she need to make a new will ??

[Buenchico]

Proving a copy of a will (rather than the original document) is theoretically possible but legally very difficult. (It's likely to involve several affidavits and some very lengthy court delays. Even then there could be no guarantee of the will being proved).

If your relative is still happy with the wording of her original will, simply type it out again (amending the date, obviously) onto blank paper and get her to sign it in the presence of two witnesses (who must not be beneficiaries of the will) who also then countersign it. There's no need to use the services of another solicitor.

[Gizmonster]

Thanks for the reply, but when my copy of the will is presented, who's to know it's not the original copy?
If simply typing it out onto a plain piece of paper, is sufficient to act as an original, I'm wondering why my copy won't pass as an original?

[ubasses]

Whilst photocopies these days are often as good as an original it will be the signatures that will give the game away. The Probate Office will be able to tell they are not original, along with anything else handwritten suchas addresses and dates.

[Canary42]

You could try to present the copy as an original, and may well get away with it - but if it is detected you are open to criminal prosecution, and the will declared invalid with whatever implications that might have for you.

[SirOracle]

Your solicitors affairs will have been passed onto another law firm,where you will find the original document.

Contact the Law Society for details or contact any other solicitor in your area as they are likely know which firm is handling the business of the former solicitors.

[Peter Pedant]

Practically speaking you need the top signed copy
and not a very good photocopy

and dont wait until she's dead before passing off the good photocopy, for chrissakes. - so yes it does matter,

and Sir Orac is right - the fact that the the solicitors have gone under
not Milne and Lyall by any chance ?
http://www.bridportnews.co.uk/news/8738920.Bridport__Solicitors_probed_after_Panorma_tv_programme/

does NOT mean their papers go up in smoke - they get passed on

[Gizmonster]

Thanks for all the advice. Would it be okay to photocopy the original, with the signature and witnesses blanked out and then sign them, etc, so it's obvious that this is an original copy, or would I have to type it all out onto a blank piece of paper (assuming I can't find the original copy) ??

Just for the record PP, the solicitor's was SFN, Burnley:

http://www.sra.org.uk/sra/news/press/burnley-solicitor-struck-off-bridge.page

[ubasses]

Have you contacted the SRA, as they closed them down they should know where all the documents went.

[Buenchico]

>>>Would it be okay . . .

Your suggestion would be legally valid but the Probate Registry might still be suspicious of any document where photocopying had been involved in its production. It would definitely be better to re-type it.

[SirOracle]

It would seem to me gizmonster that the easiest solution would be to obtain the original from whatever law firm is now handling matters,as I suggested.

Burnley is a comparatively small place.

[Gizmonster]

Thanks again - all advice taken on board.
I'd like to award a "best answer" .... but you've all contributed, so I don't want to put anyone's nose out ....

[SirOracle]

Thank you for your acknowledgement to the people who have tried to assist you gizmonster.

[Khandro]

Chris is correct, I'm just coming out of a long process doing exactly this. My mother held the original and it got destroyed with other belongings when she died, I had only a photocopy and it has taken 18 months of letters, filling in forms and swearing oaths - all costing a lot of money.
For Heavens sake get her to make a new one - maybe she can sign the photocopy with witnesses, I don't know if this would be watertight, the rules are very strict.

[Barmaid]

The solicitors have been "intervened with". This means the Law Society will have appointed another firm of solicitors to go into that firm and effectively have the drains up.

In this case the intervenors were John Owen of Gordons, Forward House, 8 Duke Street, Bradford, BD1 3QX, tel: [phone]. Try contacting them. If the intervention has finished contact the Law Society records department.

[Peter Pedant]

thx Barmaid

[Gizmonster]

I now feel that best answer should go to Barmaid.
I just rang the contact number you provided and they confirmed that they were involved in the intervening of SFN. They didn't, however, handle any of the wills, but they told me that they would be held with the SRA and gave me their phone number.
I've rung them and they have confirmed that they have dealt with SFN and are going to email me a form to fill in .... thanks again to EVERYONE .....