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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10236
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am acting as executor mother in law's estate. She

Resolved Question:

I am acting as executor for my mother in law's estate. She left a signed will in 2013 which was recently in my possession but I think I may have inadvertently thrown it out. I have a previous signed will from 2011. I could get a copy of the lost will but need to know what I would have to do to make this acceptable for probate purposes.
There are three surviving children who get on well and there will not be any dispute about the provisions of the will. Total value of the estate is likely to be around £160,000.
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

As Executor, you will need to apply for Probate. When applying for Probate, you will have to make a declaration that the Will produced to the Probate Registry is the last Will of the deceased.

I will let you make your own judgement on this.

If a Solicitor is informed by you of what has happened, he will ask that the 2013 Will is produced to the Probate Registry. If it has been lost, you can still produce a copy of the Will, coupled with a declaration from you as to what has happened to the original Will. The Probate Registry will then grant Probate based on the copy Will.

I hope this assists and sets out the legal position to you.

Kind Regards

Al

Customer: replied 1 year ago.
Does the declaration need to take any particular form? Would it help to get declarations also from the witnesses to the original will? The 2011 will is quite similar and is signed by the deceased. Will it help to pr douce this at the hearing?
Expert:  Aston Lawyer replied 1 year ago.

Hi Simon,

Sorry for the delay.

If you were to instruct a Solicitor, he would draft the declaration for you- we Solicitors have lots of precedents and would adapt one of these to your circumstances. The declaration would then need to be declared in front of an independent Solicitor.

Different Probate Registries are more picky than others, and may also ask for a declaration from one of the witnesses (provided they are alive!) asking for confirmation that the Will had been executed correctly.

There would be no need to produce the previous Will.

I hope this helps.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10236
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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