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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10631
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My Parents solicitor has lossed their original will and we

Resolved Question:

My Parents solicitor has lossed their original will and we have incurred loss and expense due to the Probate procedure, do we have any recourse against Solicitors Practice, as we could have resolved Probate without their assistance, if they hadn't lossed the original will.
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.
Hi,I take it that the Solicitors dealt with obtaining the Probate for you?Have they offered to reduce their fees?Do you know what extra work was entitled due to the loss of the original ?(normally the Probate Registry would just accept a certified copy of the Will, backed up with a statutory declaration from one of the witnesses or the Solicitor who drew up the Will).I look forward to hearing from you.Al
Customer: replied 1 year ago.
The Probate process wasn't complex and we could have dealt without a Solicitor, but we couldn't do this without the original will. As advised by Solicitor. We were subsequently charged £900 pounds, after we had paid £175 for witness statement under oath with another Solicitor. We suggested they should reduce their fee but have declined.
Expert:  Aston Lawyer replied 1 year ago.
Hi,Thanks for your reply.From what you have told me, 3 points strike me-1. Your Solicitor should not have advised you that you can't obtain Probate without the original Will (as you have found out, it is possible!).2. They should be reimbursing you for the extra cost involved in obtaining Probate due to the loss of the original Will, if it was their fault that the original Will was lost.(ie the £175)What I suggest you do is to write a formal letter to them, setting out these 2 points and asking them to re-consider refunding you the £175. If they do not, you should then request a copy of their complaints procedure, and follow his. (All Solicitors have to have such a procedure. If agreement can't be reached by the end of this procedure, you should contact the Solicitors Regulation Authority. The SRA deal with complaints against Solicitors.I hope this assists and sets out the legal position.Kind RegardsAl
Customer: replied 1 year ago.
Al
Many thanks, ***** ***** write to them again as suggested.
Regards
John
Expert:  Aston Lawyer replied 1 year ago.
Thanks John.If I have assisted, I would be grateful if you could rate my answer.Kind RegardsAl
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