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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8550
Experience:  I have been practising for 30 years.
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My Mother is in a Care Home ...How can I find out whether

Customer Question

My Mother is in a Care Home ...How can I find out whether she has made a will ?
Submitted: 6 months ago.
Category: Law
Expert:  F E Smith replied 6 months ago.
I assume that your mother is either unwilling to tell you or unable to tell you. There have been many attempts to get together a central register wills over many years but all attempts to do that have failed.Solicitors very often get letters from other firms of solicitors or potential executors or family members asking whether they hold a will for a certain person. Although many letters go unanswered, usually the answer is in the negative.However, even if a solicitor does a hold a will for your mother, and you find out who that solicitor is, they are not under a duty to tell you whether there is one or what is in it until such time as your mother has passed away and only then if you are appointed as executor of the will.I wish I could give you a more positive answer. The question is very common. There is no easy way to find out. Sorry.If your mother is still in possession of her mental faculties, the easy way round this is to simply write a new will which revokes the old will.Can I clarify anything for you?Please don’t forget to rate the service positive. It’s an important part of the process by which experts get paid.Best wishesFES

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