The importance of doing a Will Search
We recently assisted a client find an original Will after their previous firm did not explore all options and therefore proceeded on the basis only a copy was available.
Most of the time the Probate Registry require an original Will in order to grant Probate which is the official document needed by the Executors to administer an estate. There are limited situations where the Probate Registry may accept a copy of a Will if the original has been lost, and all reasonable efforts have been made to find it. One of the most important points the Probate Registry need to be satisfied of is that the Testator (the person who died) did not destroy the Will during their lifetime in order to revoke it.
Applying to the Probate Registry to prove a copy of a Will is a much more expensive and lengthy process than if you were to have the original. Unfortunately, our client’s previous firm did this following the death of their mother but were unsuccessful and the application was rejected.
This took a lot of time and cost our client a lot of money. Upon reviewing all the information with the client as to where the Will was made and what firms their mother had used previously, I am pleased to say we managed to locate the original Will.
This highlights how important it is to ensure all checks are made to locate an original Will and also that the most up to date Will is being used.
Our clients are now pleased we can proceed with the administration of their Mum’s estate in an efficient manner.
If you or someone you know are in a similar position, please don’t hesitate to get in touch with our team by completing the contact form or calling 01244312306 to discuss your options.
