Solicitors have lost our will! What should we / they do??

[JoyceDivision]

Hi all,

Followig death of a family member I need to make a new will. I wat to ensure it reflects the existing will as closely as possible so want a copy to refer to.

We made will appx 13 years ago, and in 2008 received a letter advising due to closure / amalgamation it had been moved to a new solicitors.

I tried contacting them but the number no longer exists. Through googling the partners and ringing round I found the firm have merged with another solicitors. I contacted them and they advised they have deeds but the wills went to a nnew solicitors with one of the partners.

BUT the nnew solicitors have checked, they only received probates, and title deeds ad wills are with the companies that merged.

They are looking into it and have left a voicemail asking me to ring but there has been 'a development'.

As they haven't said it's been located I'm guessing they can't locate it.

Where do we stand?

At the moment it means we have no will! If anything was to happen to me and dh there is nothing legally confirming what to happen with our (meagre!) estate, house and custody of dcs!

Can anyone give me an idea of how Istand before I call them back tomorrow?

At least I'd expect them to draw up anew will freee of charge but it's the issue that there is nothing in place right now (Can't locate a copy at home)

Call them back as advised and be prepared to make a new will asap.
This time keep copies.
They may offer to reimburse you but the most important thing is to get wills done and witnessed.

No, you do have a will. Your missing wills remain valid until you revoke them by making new wills. You would have (If one of you died) to tell the Probate Registry what the lost will said.

But yes, you need to crack on and make new wills, asap. Not sure it should be free, a 13 year old will is severely in need of review. It's not clear whose fault it is either.

This does happen a fair bit. We had a huge stash of wills from some defunct firm wished on us, which we have been creeping through for years, writing to the testators in the hope they'll make contact and either make a new will, or say if the person is already dead. They are in a pig of a state.

mrs wow really? What if someone died and it was assumed that there was no will, then 10 years later they get a letter from you, and it turns out the will was distributing their assets very differently from what people had assumed?

That's gobbledygook but you know what I mean. Maybe.

Six, I may be jumping to conclusions butasboth firms denied holding them and the unrelated firm has donea full check and have non of the merged solicitors wills it's fairto assumetheyshould be with themerged solicitor.

As the development comment onbthevoicemail isn't being vague forconfidentiality (they comment about it being re locating a misding jointwill) then by not saying it's located it's likely it's not there.

So, jumping to conclusions? Well, more looking at a likely outcome that, as explained in my op, is why I'm asking for guidance so that on the phone call if this is what theysay, I know where to take the conversation.

But thank you for your pointless comment

MrsBertBibby... howdoes that work? If I don't have a copy and there is no physical will to be found, how could anyone prove what it said, esp if both me and dh died and siblings from both sides got involved,?

If it were known that there was a will out there your would-be personal reps would have to gather all evidence of what it said, and what they've done to find it. If one of you were alive then they could give evidence of their recollections, if a copy was unearthed you would get that admitted in place of the original. Solicitors involved would have to check for old files etc.

So, FFS, make new wills! And row about fault afterwards.