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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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A solicitor company have had my will years.

Customer Question

A solicitor company have had my will for 22 years. Wanting to change my will to other members of my family, I telephoned the solicitor to discuss the matter only to find that they've lost it. I paid for the will 22 years ago, so is there a case for claiming from them to refund me for that issue, confirmed in writing subsequently, and is there a possibility of any compensation. The will detailed that all of my estate would go to my son who has recently cast me out as his father, therefore I wish to reallocate the funds to other members of my family. The trouble being that if I passed away now, having no will, the estate would automatically still go to my son. Norman Barry XXXX (will owner)

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Have they offered to do a new will for you free of charge?

Have they confirmed that they did have it but cant find it/
Customer: replied 2 years ago.

I am using a different because through the whole issue, they were not bothered. After 4 telephone calls and waiting for a response, I went for a face to face communication. At that point, they decided to provide the will. It was several days later that the wills dept. Carol informed me that she couldn't find it. I asked her to look again. Two days later she rang me to confirm that it could not be found. I asked for confirmation in writing which I have now received.

Expert:  Jo C. replied 2 years ago.
Dooes the letter say that they had it and cant find it or are they going to suggest that they never had it?
Do you have a copy?
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

They sent me a letter to confirm that they'd lost my will. since they had my will, they moved premises. That could have been the reason it was lost, but they admit that they have lost it.

Expert:  Jo C. replied 2 years ago.

Provided the solicitor accepts that they have had the will at one stage and have lost it (as opposed to them claiming that they never had it), then you can get solicitors to do a new will for you at no cost to make up for the poor service that you have received.

If you are fed up of waiting for them to get back to you and have no confidence in them now then get a new will done by another firm, pay the bill and ask the original firm to pay the costs.

If they refuse to pay the cost, then firstly make a complaint to the firm’s complaint partner and if they still refuse to pay the cost, make a complaint to the Legal Ombudsman about poor service.

The Ombudsman does have the power to make the original firm pay bill and pay you compensation.

Can I clarify anything for you?

Customer: replied 2 years ago.

I will do as you request. Thank you.

Expert:  Jo C. replied 2 years ago.
Good luck and all the best

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