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Solicitor/executor of will has sold practice and retired

5 replies

whataboutbob · 20/01/2017 19:49

Dear all- I am looking for some advice. My father has died and on his will (dated 2003) he names me and a solicitor who on a google search appears to have retired and the practice seems no longer to exist. It is (used to be ) in Dad's home town. My preference would be to be sole executor and avoid legal fees. Do I need to find this person and get him to renounce being an executor, or would it be enough to prove that he has retired?
Also, do I need to prove there is not a more recent will and if so how do I got about it? many thanks for your advice.

OP posts:
Churchillian · 20/01/2017 21:05

I had this with an executor of a relatives will - solicitors clerk who had retired and firm merged with another. I had to provide evidence that I had tried to trace him - and failed to the probate court so that I could become the executor instead and get probate granted. I contacted the legal firm that the original one had merged with, looked at the electoral roll/address records online to see if he was at the same address, contacted the local registery office to see if a death had been registered in his name and wrote a letter to all of the people with his name on the electoral roll. I didn't manage to track him down - he had moved away from the address on the will about 15 years before. The probate court were happy with my efforts and appointed me executor. I used a solicitor to help me with the process in terms of the correct paperwork for the probate court and submitting it, but I did the legwork. It cost a couple of thousand pounds - it was about 5 years ago - and took about 4 months - though I was heavily pregnant and moved house and job during that period so I didn't do it the search very quickly. Luckily I found the other missing executor through a simple google search!

whataboutbob · 20/01/2017 21:49

Wow churchill you were thorough! It seems to me the solicitor is/ was a member of Dad's church so I could go to them if I can't find him any other way. Somehow going to dad's church feels a little personal and exposing. Thank you for all the advice. I think the firm also merged with another but my "google trail" has gone cold.

OP posts:
sunnyhills · 22/01/2017 14:14

I've heard that the probate office are helpful .I wonder if it would be worth phoning and asking for advice ?

Condolences about your dad .

Cleo22 · 23/01/2017 16:36

The Law Society were very helpful in tracing a solicitor

Downstairspoo · 24/01/2017 04:43

This reply has been deleted

Message withdrawn at poster's request.

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