Copy of a will

[Jenstar21]

Hi, Wonder if someone can advise, please, as my solicitor seems to be as much use as a chocolate teapot...
I am executor for a late close relative's estate. He changed his will around two weeks before he dies, to benefit his grandchildren, instead of his son. I had one copy of this will, which I gave to his son, when my close relative died, to let him know the situation.
My solicitor contacted the holding solicitor, who has sent an old copy of the will, and the solicitor has since closed down. I am now at a loss to know what is happening, and where the new will can be. I am very upset and anxious about this, as I am now getting a huge amount of hassle from his son over this.
Is there any advice you can give on getting hold of this last version of the will. His son claims not to have the copy I gave him, and our relationship has broken down over this. I should state that I receive nothing in either version of the will, so this isn't about me getting anything out of it, but I am now really concerned about the whole matter.
Would anyone be able to advise at all, please? I am in Scotland, if that makes any difference...
Thanks for any help.

[emsyj]

Was the will being stored by the firm that has closed down? I am in England so it might be different in Scotland, but I would try contacting the Scots Law Society //www.lawscot.org.uk for advice and to see if they are able to tell you where the Wills bank of the closed firm has been sent.

Was it a big firm or just a sole practitioner? Do you have the name(s) of any of the individuals who did Wills there? You could trace them using the 'Find a Solicitor' function on the website to their new firms and ask what happened to the Wills bank.

Sorry that isn't very helpful - just trying to think of practical things you could do.

Do you think it is possible that your relative was storing his original Will at home and that the son has hidden or destroyed it? If so, in England that would be a bit of a nightmare as you may have to swear an affidavit to say that you saw the content of the new will and it was different etc (can't give you any advice on this in either jurisdiction as I don't have enough contentious experience but wondered if this was what you were thinking...)

[Jenstar21]

Thanks for responding emsyj. I am just in a complete panic about this now.... No, I know the replacement will was lodged with the solicitor, because I did it myself. My relative changed the will whilst he was in hospital, and never returned home before his death.

The will was being stored by the firm who closed down, and I cannot for the life of me remember the name of the solicitor. I've found another firm is now at the same address, so I don't know whether this has been a merger, or what has happened..... I will call them on Monday when they re-open after the weekend. Thank you for the link too.

My own solicitor is fabulous, but is currently on maternity leave, and I am less than impressed with the guy who is covering for her. He's also asking for information which has already been provided more than once.

I really don't want to have to go down the path of the affadvit, etc., though - the family relationships will be pretty much completely destroyed by that, but if it's what it comes to, then that's what I'll have to do. I'm sitting here crying about it now..... Need to pull myself together as nothing can be done until Monday, I guess.

[emsyj]

Bereavement brings out the worst in families . Hope you manage to get some progress by speaking with the new firm.

[mumblechum1]

I'm sure that the new firm will be able to help. The chances are that they took over the wills bank of the other firm and just haven't got around to writing to every single person whose will they're holding (I'm assuming this is a recent takeover).

The solicitors who wrote the will have an obligation to ensure that the wills bank is safely transferred to another firm or at the very least to ask the Law Society to help make the arrangements (if the firm has gone bust). They can't just chuck all of those wills out.

Another possibility is that they were all sent to the probate office's wills storage facility in London for safekeeping, but that's a bit unlikely. You could always contact them to find out.

[Jenstar21]

Thanks folks. I have a plan of action for tomorrow. Phew.