How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask F E Smith Your Own Question
F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9318
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

My bank has lost my deceased mother's will. It is not giving

Resolved Question:

HI. My bank has lost my deceased mother's will. It is not giving me any statement in writing and on the phone always gives different answers as to what has happened with my will.
Submitted: 10 months ago.
Category: Law
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  F E Smith replied 10 months ago.

Do you have a copy of the signed will?

Are you an executor?

Have you put the request for the will in writing?

How long have they been looking for it?

Customer: replied 10 months ago.
I have a copy. Yes I am the executor. I have put a request in writing and what they said basically wasn't true. They have been looking now for 2 years.
Expert:  F E Smith replied 10 months ago.

You have a claim in negligence against the bank. They haven’t founded after two years, then they are not going to find it.

If you have a copy of the signed will, you are going to need a statutory declaration from the bank with regard to the loss of the will and a court application to have it admitted to probate as a true copy of the original.

The bank are liable for the costs you incur in doing this.

Unless you have experience of this kind of litigation, the better getting a solicitor to write to the bank asking for the statutory declaration and also to make the application to court.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

F E Smith and other Law Specialists are ready to help you