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Buachaill, Barrister
Category: Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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On the 19th June 2011 my disabled friend died after naming

Customer Question

On the 19th June 2011 my disabled friend died after naming me as his next of kin with the local hospital prior to his dying. He also named me as the Sole Residuary Beneficiary in his will. This will was lodged with the firm of Solicitors handling the Estate. This Will I was told by my friend will supercede the Will currently lodged with the firm of Solicitors. The matter is slightly more complicated by the fact that his father has both the same Christian name and Surname as my friend. But not the same Middle name. His father died 9 weeks before my friend. All attempts to try and gain any information from the Solicitors has failed. The Solicitor said that some Wills are more complicated than others. No further information has been forthcoming from the Solicitors. I paid another local Solicitor to try and obtain more information, but she declined. Can you please advise as to a course of action to bring this matter to a close.
Submitted: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 years ago.

Buachaill :

1. At the outset, you appear to have been very poorly served by the solicitor with whom you dealt and who declined to act. Accordingly, the first suggestion I would make is that you see a different solicitor who will act in your interests. Also seek the return of the money you paid this solicitor who declined to act. Secondly, as the sole residuary beneficiary of your disabled friend, you are entitled to a copy of the will of the deceased. Accordingly, as your friend is now deceased, whatever solicitor who acts on your behalf should write formally to the firm of solicitors who hold the will and seek a copy of the will of your deceased disabled friend. Thirdly, the fact your deceased disabled friend's father may have also died recently really has little bearing upon your right to a copy of your deceased disabled friend's will. Solicitors deal with a variety of situations and are well capable of distinguishing between the estates of both father and son. Be aware that as residuary beneficiary you can go to court to assert your right to have a copy of the will successfully given to you.

Buachaill :

2. Be aware that as you are not a beneficiary under the father's will, you have no right to a copy of the father's will. However, once the father's will is admitted to probate, it then becomes a public document and a solicitor acting on your behalf will be able to obtain a copy of this will from the Probate Office. This might be relevant as it will make clear to you what devise or inheritance your deceased disabled friend may have inherited under the estate of his deceased father. Whilst the fact your disabled friend may inherit something under his father's will may give rise to some delay whilst that estate is administered, it does not prevent you from obtaining full information in relation to the estate of your deceased friend and obtaining that information now.

Buachaill :

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