Copy Will

[jayhenbro]

How can I get a copy of the will already referred to in previous correspondence. This is the will which was supposed to be cancelled, and I know that the testators solicitor has a copy of it. This is the one that my wife features in.

[Barmaid]

Quite simply write to the solicitor and explain you would like to see a copy. However, if you instruct someone to do it on your behalf, this would be better, since they will be able to frame an appropriate letter in "Pre Action Protocol" terms. Remember, this solicitor is potentially looking at a professional negligence claim, so the better approach would be to get solicitors to write on your behalf.

[factor-fiction]

Are you referring to the original will which the solicitor thinks he cancelled- presumably if it hasn't been destroyed it will at least have been crossed out. If you are referring to a copy only, I'm not sure what legal status a copy has.

I hope you are successful in showing it wasn't cancelled properly. But if you are, I wonder whether you may then have to wait a while to see if a later will, revoking all previous ones, turns up.

[buildersmate]

Quote Tigwig:
"You know you can post another question on the same thread by clicking on post an answer.
You don't have to open a new thread everytime."

It has (at least) two advantages:
1) Barmaid and any others following your (very interesting) thread can follow it in one step.
2) It prevents others questions dissappearing so quickly off the Top 20 list.

The way to do it is to "Post an Answer" to your own ORIGINAL question instead of raising a new question each time.

[factor-fiction]

Good point, buildersmate. I had to check back through several of jayhenbro's questions to find out whether a later will existed or not.
It is an interesting thread, as I have learnt something. I'm always impressed by barmaid's knowledge, although the sites I have looked at so far simply say a will can be revoked by ripping it up/ destroying it provided the intention to do so was clear. If I get chance I'll look up the cases Barmaid mentions, although from experience Barmaid knows what she's talking about so I'm pretty sure she's right.

[dzug]

It's the person whose will it is who can cancel it by ripping it up.

If anyone else does it (unless it is done in the presence of and at the direction of the testator) then the cancellation has no effect.

So if you write to your solicitor and he rips it up when you are not there, the will stands.

[factor-fiction]

I'm not sure how one proves whether the testator was present or not when it was ripped up