My uncles will held with solicitors

[silverback12345]

I hope someone may be able to give advice. My uncle passed away recently, and I am trying to help my auntie. My aunt and uncle have mirror wills which were held at a solicitors and the solicitors were named as executors, the solicitors retired and the premises and clients were acquired by another solicitors. When the new solicitors took over they did not contact my aunt and uncle, and we think they now hold their wills but are not named as executors.

Obviously we need his will for probate but my aunt also wants her will returned to her because she wants to change it. My aunt is 79 so obviously with the covid-19 situation I don't want her to visit the solicitors and I will try to communicate with the solicitors by email with her full permission.*

My question is if the solicitors are holding my uncles will do they have the right to insist on acting as executors even though they are not named on the will, and have never been given instructions to act as executors?

Should my uncle and aunt have been informed the new solicitors had taken over? My aunt said if she knew the solicitors had been taken over they would have asked for the wills to be handed back.

If the solicitors refuse to return my uncles will what action can be taken? My aunt thinks she may have a copy but it won't have a wet signature. I think if an original cannot be found a copy can be used for probate but could be refused on application, and the process is quite complicated and involves an affidavit.

Any advice would be appreciated.

[Findawill]

If you would like my company can search for wills and make the relevant enquiries please let me know if you require further assistance*

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[des8]

I wouldn't start worrying about what action to take about "what if..."

First of all write to the solicitors holding the wills and ask for their return.

Was there only one executor named, and if so was it an individual or a firm?

[silverback12345]

Thanks for the reply. The original solicitors are the only ones named as executors and they held the wills.

I called the solicitors that took over the premises and have asked for the return of the wills, but they don't know if they have them.

I cannot send a letter at the moment because the staff are working from home. I could send an email if I don't hear from them my aunt is getting quite distressed over this.

[des8]

On a practical note your aunt could just write a new will.
Some reckon this is actually better practice than adding a codicil to an existing will.

Regarding your uncle's will, did the retiring solicitor confirm the new firm took over all his existing clients?

If your aunt can find a copy of the will, and if the solicitors will confirm they are unable to locate the original, it should not be too difficult to prove the copy
Yes, an affidavit* confirming, in detail, the circumstances relating to the loss of the original Will, the attempts that the Executor has made to locate it, together with details of anyone who would benefit from the Estate if the copy Will was not proved (i.e. someone who would benefit under the Rules of Intestacy.) will have to be sworn.*
That shouldn't really produce problems as under the rules of intestacy your aunt would probably be the main if not only beneficiary, and cost no more than £10 to swear.
*

[silverback12345]

Thanks for the reply. I have already explained to my aunt it would be easier for her to make a new will, and add that she revokes her previous will. The problem is she is an elderly lady set in her ways.

Regarding your uncle's will, did the retiring solicitor confirm the new firm took over all his existing clients?

No, we cannot find any evidence the retiring solicitors contacted my uncle and aunt verbally or by letter. My aunt found out who the new solicitors were when making enquiries with a company that specializes in probate, it was this contact that informed my aunt about the previous solicitors being taken over.

I have now been informed my uncle and aunt did know the solicitors were taken over because they were sent a letter, My aunt is quite confused and tired she has been though a lot.

[wcampbell]

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Contact me and I will help you. Just head over to my website and use the chat function any day before 9pm, and I will be more than happy to answer any questions you have.


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Will-trusts-probate.co.uk
WCampbell@will-trusts-probate.co.uk