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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10259
Experience:  I have been practising for 30 years.
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My bank has lost my deceased mother's will. It is not giving

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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.
Customer: replied 1 year 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.

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 1 year 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.

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?

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We can still exchange emails.

Best wishes.


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