ChatterBank1 min ago
How can I obtain a copy of my mother's will - original missing?
I am both executor and beneficiary of my mother's estate, the solicitor has since moved offices and gone into partnership with another firm. As I held the original (9 years ago) he has destroyed my file saying he could not take anything with him. There was no grant of probate.
All I have is the last page showing the witnesses signatures (one being the solicitor's) and solicitor's stamp but no date. I am unable to contact the first witness and the solicitor cannot remember the content of the will. Is there any way of obtaining a copy?
All I have is the last page showing the witnesses signatures (one being the solicitor's) and solicitor's stamp but no date. I am unable to contact the first witness and the solicitor cannot remember the content of the will. Is there any way of obtaining a copy?
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The question I need to ask of you is this: Are you the sole beneficiary of your mother's will ?
When the original will was first drawn up you should have been provided with a copy and by reference to your final sentence in your above posting it does appear likely that you may have been provided with such copy.
Furthermore, I cannot understand why the solicitor to whom you refer was unable to take anything with him when he joined partnership with another firm. Something is clearly wrong here and you need to be alert as to the possibility of some "malpractice". Seek professional advice from a reputable firm if you receive further negative responses from that particular solicitor.
When the original will was first drawn up you should have been provided with a copy and by reference to your final sentence in your above posting it does appear likely that you may have been provided with such copy.
Furthermore, I cannot understand why the solicitor to whom you refer was unable to take anything with him when he joined partnership with another firm. Something is clearly wrong here and you need to be alert as to the possibility of some "malpractice". Seek professional advice from a reputable firm if you receive further negative responses from that particular solicitor.
Thanks voltr4m4x and Rollo for replying. My sister was joint executor and beneficiary also; unfortunately she is incapacitated and is unable to help.
I remember the solicitor coming to the house to arrange the will and within a few months due to my mother�s deteriorating health, the solicitor called again to arrange enduring power of attorney for me. My sister was ill all through this period and was unable to be involved.
After our mother died, I collected the will from the solicitor�s office, keeping the original and giving my sister a copy. Most of the furniture was sold at auction, my sister and I shared the proceeds equally. Our mother did not own any property, just the contents of the house. There were a few pounds in her bank account which would have cost more to recover in solicitor�s fees than it was worth, I assume this money went to the government. Voltr4m4x, I don't believe the solicitor has done anything untoward, - just a bit laid-back perhaps?
My problem is, a family member acquired the house and sold the remaining furniture to an antique dealer and kept the money. Luckily, a neighbour saw this, enabling me to contact the dealer who assumed he had bought the items in good faith; unfortunately they had been sold on. I reported the matter to the police but they refused to do anything. When I complained, the officer said it was a �family matter� and there was nothing they could do unless I provided proof of ownership i.e. a copy of the will, dated digital photos of all the items and receipts. No problem, I thought until I discovered that the will had been removed from my deed box, together with the copy, all I have is the last page. I would be grateful for any help.
I remember the solicitor coming to the house to arrange the will and within a few months due to my mother�s deteriorating health, the solicitor called again to arrange enduring power of attorney for me. My sister was ill all through this period and was unable to be involved.
After our mother died, I collected the will from the solicitor�s office, keeping the original and giving my sister a copy. Most of the furniture was sold at auction, my sister and I shared the proceeds equally. Our mother did not own any property, just the contents of the house. There were a few pounds in her bank account which would have cost more to recover in solicitor�s fees than it was worth, I assume this money went to the government. Voltr4m4x, I don't believe the solicitor has done anything untoward, - just a bit laid-back perhaps?
My problem is, a family member acquired the house and sold the remaining furniture to an antique dealer and kept the money. Luckily, a neighbour saw this, enabling me to contact the dealer who assumed he had bought the items in good faith; unfortunately they had been sold on. I reported the matter to the police but they refused to do anything. When I complained, the officer said it was a �family matter� and there was nothing they could do unless I provided proof of ownership i.e. a copy of the will, dated digital photos of all the items and receipts. No problem, I thought until I discovered that the will had been removed from my deed box, together with the copy, all I have is the last page. I would be grateful for any help.
You are now making statements which significantly alter the situation in this case.
I am concerned about the final part of your most recent post, where you say: "...I discovered that the will had been removed from my deed box..." Are you now making an allegation of theft ? If so, where was the deed box at the time ? In what circumstances was it removed ? And who is likely to have removed it ?
Your oiginal post asked the question: "Is there any way I can obtain a copy?" Well, I'm afraid there isn't in these circumstances since both the original of the will and the one and only copy were held by you.
Again, it does appear on the face of it that you had prior knowledge of the fact that items of antique furniture remained in the house when the property was subsequently acquired by a family member and that (presumably) that particular family member had control over the household contents in situ. In this event, the police are quite right not to intervene.
I am concerned about the final part of your most recent post, where you say: "...I discovered that the will had been removed from my deed box..." Are you now making an allegation of theft ? If so, where was the deed box at the time ? In what circumstances was it removed ? And who is likely to have removed it ?
Your oiginal post asked the question: "Is there any way I can obtain a copy?" Well, I'm afraid there isn't in these circumstances since both the original of the will and the one and only copy were held by you.
Again, it does appear on the face of it that you had prior knowledge of the fact that items of antique furniture remained in the house when the property was subsequently acquired by a family member and that (presumably) that particular family member had control over the household contents in situ. In this event, the police are quite right not to intervene.
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