Father in laws will.

[chinadog]

My f i l passed away 2 weeks ago and my mil had to see the solicitor today along with her sons as the solicitors say they have lost the wiil. My Mil has a copy which she took along with her passport,marriage lines etc but the solicitor told her that was no good and it would have to go to probate. They have been with the same firm for 40 years until it changed hands 4 years ago. Surely the oringinal will should still be locked away at the solicitors? Emotions are running high enough as it is without this. Can anyone advise us? TIA.

[Barmaid]

Personally, I think the solicitors are wrong. There is a presumption that if the original will was with the deceased and can no longer found at death it is deemed to have been destroyed with the intention to revoke. However, given that the original will was with the solicitors (if I have understood the question), it is possible to prove the copy will - this is barely any different to proving the original will, except a different oath is required.

The fact that the will is lost or found makes no difference whether it has to go to probate. All wills will have to be proved at the district probate registry except in limited circumstances.

[dzug]

Not sure you understand what you have been told.

Any will has to go to probate - that's quite normal

Whilst a copy of a will is normally insufficient, application CAN be made to the probate court to allow it to substitute for the lost will. You (or the solicitor who has lost the original) will have to convince them that it is genuinely lost and not deliberately destroyed. Chances of success - don't know, but it's not out of the question. There are precedents.

If it's ruled invalid the the laws of intestacy will apply.. Letters of Administration will take the place of probate. Or all concerned can agree (through a Deed of Variation) that the terms of the lost will shall apply.

And yes - the original should be at the solicitors.

[Barmaid]

Whilst (as always) I agree with dzug - proving a copy will is more common than many people think. In a previous life I invariably proved more copies than I did originals - largely when solicitors had gone out of business or had "lost" the original file.

Please don't worry, if the original was not with the deceased and not revoked by marriage or subsequent testamentary instrument, there is no reason why it should not be proved.

[chinadog]

Thanks Barmaid and dzug. When my fil made the will he had a copy which he took home and kept. Thats the same one my MIL took in today. She had obviously assumed the original was still with the soliciter but he all he could tell her was they could'nt find it! My hubby and brother in law are trying to sort things out as my MIL just cant cope so thanks again for your advice.

[northernmonkey]

Firstly, I am sorry to hear about your loss.

I am not really to sure about the documentation side of thing's and how it would all of been stored ect, but I expect that the new solicitor(s) should have been given all documentation when they changed hands. If you have no luck after the current Solicitor has looked for the Will, then try to get hold of the Solicitor who drew up the will, as you have said, you don't need the stress of going to Probate as you are still coming to greiving / term's with your loss and the next couple of week's especially are going to be the toughest. Once again, I'm sorry about your loss as I know how difficult and painful it is. My condolences go out to you and your family.

[buildersmate]

NM - any will has to go to probate - that it quite normal.