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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience:  I have been practising for 30 years.
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My mother passed away in 2010 and I no longer have her will.

Resolved Question:

My mother passed away in 2010 and I no longer have her will. Would a copy still be held at the original solicitors and if they have been taken over with the current solicitors after all this time.
Submitted: 13 days ago.
Category: Law
Expert:  F E Smith replied 13 days ago.

If the solicitors had the original will, they will still keep it. If the firm had been taken over by another firm, then the successor practice would have the will.

If the firm just closed down, if you contact the Solicitors Regulation Authority they will tell you who to go over the files and the deeds and the Wills.

Solicitors only need to keep files for 6 years so the file may have been destroyed which would contain a copy of the will but if they have the original, they will still have it.

If the will was admitted to probate, you can get a copy from the Probate Registry for £10.

Can I clarify anything for you? Please rate the service positive so that I get paid. We can still exchange emails. Best wishes. FES.

Customer: replied 13 days ago.
Thank you for your prompt response. The will was not admitted to probate. As I was her executor I got sight of the will and found that the whole estate was left to me which I felt was unfair on my brothers and would cause unnecessary heartache. In fact my mother spent the last ten years of her life in a nursing home and her estate did not even cover the funeral expenses which I paid for so there was nothing left to disperse moneywise. Unfortunately the will got accidentally shredded about four years ago. Now a situation has occurred that needs the will to be looked at as aunt has died leaving a small part of her estate to my mother or if deceased her children in line with her will. This means I will again be the sole beneficiary. If there is no will available can the aunts estate be equally split among my brothers. Your advice would be most helpful.ThanksDavid
Expert:  F E Smith replied 12 days ago.

Thank you. If your aunt is left everything to your mother and your mother has predeceased your aunt, and your mother had not written a will for example, then under section 33 of the Wills act, the deceased parents children inherit that which their parent would have inherited, and they do so in equal shares.

Any provision in a will which refers to someone else’s will would be void for uncertainty and hence, it would go to you and your siblings in equal shares in any event.

With regard to your mother’s will, if there was money in the estate, although it may have all been left to you, there is nothing to stop you distributing the money between you and your siblings, however you wish.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience: I have been practising for 30 years.
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