Solicitor has gone AWOL!!

[medsecslave]

My aunt needs to sell her property to go into a residential home. She purchased her council property 7 years ago after I gave her �20,000 to do so, the property would be left to me in her will. Now I've discovered that the solicitor who dealt with everything has ceased trading. I contacted the Law Society in Scotland who say he, as a sole trader, still holds all his clients files and refuses to hand them over. This includes my aunt's will and title deeds to the property. They have no idea of his whereabouts. I'm travelling to Scotland for three days to try and sort things out. If I prepare a will myself and have her sign it with two independent witnesses, will it legally supercede the previous will? Also, how can I obtain a copy of the title deeds so she can sell the property? Any advice greatly appreciated, thanks.

[dzug]

Yes to preparing a new will and getting it witnessed. It should contain a clause cancelling the old one.

I assume she is still able to understand what she is doing - 'residential' sounds as though she ought to be.

Another solicitor should be able to handle the sale without the deeds though it wil be a bit of a palaver, especially if the property hasn't been registered.

[Buenchico]

Simply ensure that the new will starts something like this:

"This is the Last Will and Testament of me, Mary Jane Smith, of 42 Myrtle Street, Oskaig in the county of Highland.

I hereby revoke all former Wills and testamentary dispositions made by me."

You can then completely forget about the previous will.

In England paper deeds are now largely irrelevant. The entries on the Land Registry computer take precedence over paper documents. I'm not sure whether the same applies in Scotland but I do know where you can seek assistance:
http://www.ros.gov.uk/customerservices/contact us.html

Chris

[gina32]

does she not have to use the money from the house for the care she will receive?? even though she wants you to have it??

[factor-fiction]

I thik this may be problematic- giving you �20,000 now could be seen as deliberately disposing of assets to reduce residential home fees unless there is acceptable evidence that you lent her the money.
And what purpose would the new will serve? The property would be hers until her death or until she has to dispose of it to pay fees for the residential home. I don't think her house can be 'ring fenced' for you.

[medsecslave]

My financial interest was legally documented by her solicitor as a security on the property and the social services are aware that this amount will come off the sale. So far as the will is concerned, I've been told today that unless we can obtain the original document, copies are invalid which means her estate in due course would go to her brother - they've not spoken for 20 years!!

[factor-fiction]

But hasn't her solicitor gone AWOL- do you need the docs that prove you have a financial interest, If so, why doesn't your aunt just give you the �20000 (plus the interest you were going to ask for). If the house is being sold to pay billsthen does the will matter to you?

[themas]

To sell the house you either do what Chris has said to get the land registry documents or - if it is different in Scotland - ask your solicitor (who you will need to make the sale) what has to be done.

As far as the will is concerned, your last post seems to suggest she cannot make a new will. I can't believe that wills in Scotland can't be revoked & replaced by new ones - surely you must have been given incorrect advice on this?

[factor-fiction]

Themas- I think medsecslave meant she had a copy of the will but a copy on its own isn't valid so for the will to be effective she'd need the original . I don't think she's saying a new one can't be drawn up.

[medsecslave]

The reason for my posting this is that I have three days in Scotland to try and sort things out. Her will needs to be re-written (at her request) since her circumstances have changed and whilst the proceeds of the sale will be used for her care, she is 90 years old and frail, and in the absence of the original detailed will, her estate will be left to her next of kin, her brother, which is against her wishes. I hold copies of correspondence from her solicitor to confirm my input, I've also let social services know that I will be claiming the money back together with interest.

[dzug]

It is sometimes possible to prove a copy of the will rather than the original

http://boards.fool.co.uk/Message.asp?mid=11476 681

give some details which may or may not help in your case