Wills

[enaid]

My mum and dad had a mirror will and when mum passed away everything automatically went to dad. Myself, sister and dad went to the solicitors but at the time we were very upset and tbh didn't digest much what was said at the meeting.
We can't remember who is, or are the executors of dads will and as dad won't know either I set out to find out.
I had to trace dads solicitor on another matter last week and had no idea that the local firm he used had in fact closed down and his deeds and will had been taken to a firm in Manchester (a rather large concern). None of this was either notified nor permission given by my dad to take his will and deeds in storage by this new firm, this verified by the chap I spoke to who said they only notified live cases and a few people had complained about this.
So I asked what I could do to get to know who were the executors on dads will as we have a LPA I really didn't think it would be a problem. I was told I could email a copy of the LPA but dad could not give permission over the phone, only in person.
I explained dad was now housebound and could not travel to Manchester.
So email comes back

'I can make arrangements for an attendance however there will be fees payable of £95v + VAT for travel and a further fee in regard to any advice given.
My email back

I sincerely hope you are joking, you have no right moving my dads deeds and will with no notification let alone expecting him to travel all that way to give permission for my sister and myself to discuss it.
We do not seek advice but I will be seeking advice as to how to get my dads property away from your firm.

I have done just that and complained to the Ombudsman I have to write complaint etc and just like FOS give 8 weeks etc.
I have though received via email a letter confirming the complaint, instructions on how to carry out the complaint and even a template letter to make the complaint official.

All I want now is the deeds and will back check who the executor is and if it's this firm of sols get dad to change it to me and my sister.

I believe he can make small changes by using a codicil

Using a codicil

There are no rules about what you can change using a codicil – it could be anything from a single word to many different sections of your will. But it’s a good idea to use codicils only for very small changes, because they can make sorting out your will more complicated when you die.
A codicil has to be signed and witnessed in the same way as your original will, but you don’t need to use the same witnesses. Don’t use someone as a witness if they or their husband/wife or civil partner benefits from a gift in the codicil – it will make the gift to them (in the codicil) invalid.
My question is, is changing executor a small change to the will?
Also could the solicitor have a legal binding agreement with dads will and therefore the executor can not be changed?


Thanks as always

Enaid x

[des8]

Re: Wills

Changing executor can be done by codicil with no problems
http://www.ehow.co.uk/how_5509409_change-executor.html

Don't see how solicitors can have a binding eternal agreement, it could create so many problems and would be bordering on the unethical (not that that would necessarily worry them)

[enaid]

Re: Wills

Thanks Des just trying to get forearmed if they try come back with any crap.

[enquirer]

Re: Wills

Either get your father to write instructing them to DX his Will to a local solicitor of your choice (they cannot refuse), or, forestall any nonsense by simply writing a new Will with a local solicitor. Then write to Manchester informing them that the Will that they hold is null and void.

[EXC]

Re: Wills

Either get your father to write instructing them to DX his Will to a local solicitor of your choice (they cannot refuse), or, forestall any nonsense by simply writing a new Will with a local solicitor. Then write to Manchester informing them that the Will that they hold is null and void.

Unfortunately Enaid's father isn't physically capable of writing.

[seduraed]

Re: Wills

Do es enaid hold power of attorney and does her father still have mental capacity? Surely the will can be typed and his mark wirnessed.

[enaid]

Re: Wills

Yes he still does have mental capacity (just) and we do have an LPA as I said. It was the fact I was told he had to be seen in person that caused the problem.
I have typed a letter will take it to dads get him to sign it and see what response.

Thanks Enaid x

[seduraed]

Re: Wills

Just see a local solicitor or if itit is simple use a will pack and make a new will I would get two quite independant witnesses to him making his mark to senure that there are no allegations of undue pressure.

[enaid]

Re: Wills

The will would be straight forward between and my sister 50/50, when we get the will back then all that needs doing is seeing who the executor/s is and then change it if is the solicitor by codicil hopefully.

[des8]

Re: Wills

If you're "doing it yourself" there are plenty of "free will" tinternet sites.
No need to pay for a pack

[enaid]

Re: Wills

Ok letter from Sol after my typed by myself signed by dad and witnessed asking for his will and deeds. Sol now wants photo evidence of dad, a utility bill not more than 3 months old and wait for it, 'written instruction' from dad. Can he force a written instruction as no way could dad write a letter.

[EXC]

Re: Wills

Ok letter from Sol after my typed by myself signed by dad and witnessed asking for his will and deeds. Sol now wants photo evidence of dad, a utility bill not more than 3 months old and wait for it, 'written instruction' from dad. Can he force a written instruction as no way could dad write a letter.

I would type the written instruction and get your dad to sign if he can. I'm sure the utility bill isn't a problem but I'm not sure what they mean by photo evidence unless they have a photo on file to match it.

[enaid]

Re: Wills

Already typed letter out and dad signed it he said he wants written instruction. I rang head office as he's off sick today, he will need hospital bed if he doesn't buck up.
Woman at head office said I have to deal with him and I should do a hand written letter and get dad to mark it, so I will. I have his passport which has expired Dec 13 so I bet they have something to say about that and his utility bill.
She thought £120 for a home visit was acceptable and they don't write and tell folks they have taken over your old solicitors and moved miles away as that would entail writing to thousands lol

[enaid]

Re: Wills

Still no joy with this, awaiting the return of dads original documents, but no will or deeds and hopefully an explanation as to why.

Bit worried about how things will pan out as I read this about Linder Myers http://www.manchestereveningnews.co....vanced-6730776
and it looks like dads stuff may go under another sols umbrella without notification or permission.

[Amethyst]

Re: Wills

Can your Dad make a new will that supercedes the one held with Linda Myers and puts your sister and yourself as executors, lodged with a new solicitor who you trust ? (I don't know anything about Wills so don't even know if that's how it works)