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: 8978
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

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.
David
Submitted: 5 months ago.
Category: Law
Expert:  F E Smith replied 5 months 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 5 months 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 5 months 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: 8978
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice