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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Good day my name is***** living in South Africa

Customer Question

Good day my name is***** living in South Africa my email is *****@******.***, my Granny Wilma Margaret Poole passed away in December 2014 in Spain and her latest Will was at a law firm called Adlams St. Neots, Cambs PE19 2AR *********** I sent them an email asking the date of my Granny's latest Will and their reply was that I should ask the executor and that it was sent through to Quanticks Law. When I emailed the executor he told me the last Will was in 2005 and that I was not on this Will, so I know that he is not telling the truth, the executor is ***** ***** living in Surry and he is from my late wife's side of her family and we never got along well, my Granny told me three weeks before she passed away that she had updated her Will and that everything was taken care of and that I had nothing to worry about and I was included in her latest Will to inherit from her, how can I find out the date of her latest Will or even get a copy of it. Thanking you in advance.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Joshua :

May I ask are you reasonably certain that your grandmother made a new will through the law firm you mention please or could she have made a new will with another firm please?

Joshua and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi its Richard poole, I'm very sure my granny kept the same law firm adlams in st. neots they confirmed to me that they posted the latest will to quanticks law and I'm sure that is in newdigate, dorking, surrey the same area that the executor lives, I don't know if they will give me an honest answer to the date of the latest will, I'm sure the executor told them not to give anyone that info, hope this helps thanks

Expert:  Joshua replied 2 years ago.
Thank you. There is no central database of wills and it is a matter of detective work to try to locate wills. If it was made and stored at a solicitors office in a particular town then it is quite common for people to phone around solicitors to check whether they hold such a will. Solicitors are quite used to this and do not throw wills away. In your case you at least seem to know where the will is likely to be located and your only issue therefore is hopefully that they are refusing to give you information about the will which is quite proper at this time.

However in order to administer the estate the executor(s) will have to obtain probate through a probate registry. At this time the contents of the will become public information and you can obtain a full copy of it.

In order to obtain a copy of the will when probate is granted you can make a standing search of the probate register. This leaflet explains how to do it - it is very easy.

http://www.justice.gov.uk/downloads/courts/probate/pa10.pdf

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2749

The search lasts for 6 months and then must be renewed if probate has not been obtained by then. You will be sent a copy of the grant of probate within a few days of probate being granted and can obtain a copy of the will at this stage.

It is an offence for the executor to knowingly apply for probate on an old will and if you find that an older will has been used for obtaining probate then you can write to the solicitors with something called a Larke v Nugus request requiring information about the last will they prepared. You can in fact make a Larke Nugus request now but you may decide to wait for the outcome of your standing search as one would expect that the executor would apply using the correct will anyway and you would likely need the assistance of a solicitor to make a Larke Nugus request which would cost you money.

Assuming you are named in the will the executor should pay out your legacy within 12 months of the date of your grandmothers death unless there are genunine reasons he cannot do so otherwise you can sue for interest on the money owed.