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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience:  I have been practising for 30 years.
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I asked my late partner's solicitor if I could have a copy

Resolved Question:

I asked my late partner's solicitor if I could have a copy of his previous Will in which I was named as executor, along with his daughter and son-in-law. I was told that I would have to get the written permission of his daughter and son-in law before he would allow me to have sight of the document. This is despite the fact that in my late partner's latest Will I am the sole executor and residuary beneficiary and have been granted Probate. I would have thought that any previous Wills were the testator's property, and therefore, as sole executor I should be entitled to sight thereof. Please advise.
Submitted: 12 months ago.
Category: Law
Expert:  F E Smith replied 12 months ago.
Why do you want a copy of the previous will?Will the daughter and son-in-law give consent?Incidentally, at this early stage, I agree with you that this will is now the property of the estate and as the executor or personal representative of the deceased, you are entitled to it absolutely.
Customer: replied 12 months ago.
Thank you for your response. I would like a copy of the previous Will just out of interest really as it was made without my knowledge at the time. My late partner (of 32 years) decided not to make his daughter an Executor as he agreed with me that she is dilatory. An example - I gave her permission to obtain her father's ashes from the Cremation on 1st March last. He had requested they be interred with his first wife in her grave. This has not yet happened! I regret that I did not organise this myself. I have no idea of whether his daughter and son-in-law would give consent, but I certainly don't want to ask them or involve them in any way.
Expert:  F E Smith replied 12 months ago.
Thank you. As I already said, I am of the opinion that you are absolutely entitled to this is you are the personal representative of the deceased. The will does not belong to the solicitor and it does not belong to the executors, it belongs to the estate.I would make it thermal written complaint to the firms Complaints Partner and tell them that unless they immediately release this will to you, you will refer the matter without further ado to both the Legal Ombudsman and the Solicitors Regulation Authority. You can of course make a court application to compel the solicitor to release the will but there should be no need for that.With any complaint, send a utility bill that copy of your driving licence and passport as proof of residence and ID and also send a copy of the will and the death certificate.Can I clarify anything for you?Please don’t forget to rate the service positive, it is an important part of the process by which experts get paid.Best wishesFES
F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 12 months ago.
Many thanks indeed FES for your very prompt and comprehensive reply and instructions as to my next steps to take. I will indeed rate your service as Excellent.Would you like me to keep you informed of progress?

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