Solicitor refusing Executor the Will of deceased

[Carebear]

Hi, my Uncle recently passed. He had appointed a solicitor as financial LPA. Now he has passed away my brother, the sole Executor of his will (he has a copy unless he changed it recently with dementia) has requested the Will so he can use another firm to apply for probate and sort out my Uncles estate. The solicitor has replied by saying We will not be in a position to provide you with the file until you have obtained the Grant of Probate“”. Surely he needs to see the Will in order to apply for Probate? What can he do in these circumstances If the solicitor is refusing to give him the Will?

[atticus]

He needs the Will in order to apply for Probate!

Give the solicitor one more chance, then complain to the SRA

[Pezza54]

Something not quite right here.
The solicitor has replied to your brother that he is unable to release "the file" until the grant of probate is obtained.
Your brother only wants the original will, not the file, which the solicitor should keep hold of. An experienced solicitor should know this.
It is possible that the solicitor handed the original will to your uncle and this original has been lost.

Provided certain conditions are met, Probate may permit a copy of the original will

Please refer to the article "How to request the original will from a solicitor: A guide for executors" at www.willstrustslpa.co.uk

If your uncle told your brother the solicitor was holding the original will, your brother should contact the solicitor to make an appointment and take along proof of id as well as his copy of the will