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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32980
Experience:  Over twenty-five years experience
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My recently deceased husbands original will and mine are held

Customer Question

My recently deceased husbands original will and mine are held by the solicitor who wrote them up. Can I obtain these wills and use another soliciter to sort things out?
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas Judge replied 2 years ago.
Usually you can. You will just need to check whether the original solicitor who drafted the will is marked as an executor to the will - if he is then he is entitled to act in that capacity unless he agrees not to act. Otherwise you can ask any solicitor to deal with the estate. Please remember to rate.
Customer: replied 2 years ago.

Thank you. He is not an executor so is he obliged to hand over the original wills at my request so I can go elsewhere? He is rather expensive!

Expert:  Thomas Judge replied 2 years ago.
Yes. This is quite common. Please remember to rate positively.
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Customer: replied 2 years ago.

My will appoints my husband (now deceased), and 2 others as trustees in my will. Can this now be changed. Also in the will, property eventually goes to the trustees. Given this is there likely to be any documentation lodged elsewhere (other than my will with the solicitor) e.g. Land Registry, to this effect?

Expert:  Thomas Judge replied 2 years ago.
If there is a mortgage then the bank will hold the deeds for the property
Customer: replied 2 years ago.

property is paid off and I hold the deeds.

Expert:  Thomas Judge replied 2 years ago.
Well then there should not really be any additional documents.
Customer: replied 2 years ago.

Just waiting for this part of my previous query:


My will appoints my husband (now deceased), and 2 others as trustees in my will. Can this now be changed.

Expert:  Thomas Judge replied 2 years ago.
Yes if you are changing your will then you can change or appoint new executors to act. It is very straight forward process.
Expert:  Thomas Judge replied 2 years ago.
Basically a new will would achieve this - you don't need to change the actual terms of the will just the executors - it is cheapest just to do a new will. Please rate
Customer: replied 2 years ago.

they are trustees as well as executors

Expert:  Thomas Judge replied 2 years ago.
If you want to change the trustee you have appointed you can do this by making a new will or by making a codicil.

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