'Losing' the will

[PinkStones]

I'll keep this as unemotional as I can but here goes...

Someone close died unexpectedly end of June, the day they died their will was read over the phone by the executor to a family member. The will was referred to multiple times to lots of family members, especially in the topic of it being not what they'd expected, hadn't changed it in time to what they'd wanted, couldn't be right etc. Included all the family members though. Executor was also named in it. They have been very vocal about disagreeing with it, wanting it 'thrown out' and discussions around contesting.

Family members widow distraught and leaning on executor and has been in a fog going along with whatever they say creating conflict, family members all quite worried about their state of mind and has recently changed their will or in process of this guided by executor.

Now widow states there was no will and is confused again, assuming the executor is going down the route of pretending it's lost or has destroyed it as they have said in apparent jest in the recent past.

Wondering on where this will lead legally, surely a copy of the will would have been kept with solicitor but no idea where to ask or how to get a copy, the executor hasn't let anyone see the physical will and has suggested there is only one copy they have.

If they've destroyed the will what happens now? I think it was done with a solicitor 10 years ago but again noone bar the executor has seen it.

Any advice appreciated! It's so disrespectful I need to know how to support and help get this sorted so we can move on.

It might have been registered with Certainty the National Wills Register. This will tell you that the will exists and where it is stored (which solicitor). It’s not mandatory to use though, so the will may not have been registered with them.

Thank you! I've called the local solicitors including the one it was written with and all have no record of it so will see what executor gets back with as they've been asked for a copy by another family member.

If they were to destroy the copy of the will they have is there any comeback from family having messages from them stating they disagreed with the will (acknowledging it's existence with them) and conversation where they said they'd have to destroy it if they couldn't get it changed? Clearly that wasn't recorded but it was said all the same.

It seems so unfair these last wishes should be swept aside because of a grudge the executor had with them. It's such a sad situation I can't believe it's so easy to just disregard a person's last wishes like that.

If they have destroyed the will, they have clearly breached their duty as executor. You need to consult a solicitor.

surely if there is no NO will, the widow gets the lot? (well first £250k, then 50% of excess also to kids.

I imagine the widow (and executor) would have to SWEAR on oath that no will existed and anyone could challenge that if they have anything in writing/recall phone calls

Sorry for your loss. So just to be clear, you know which solicitors the Will was written with? It is usual for the solicitors to keep the original and the person making the Will to have a copy and often the executors will have a copy too although it doesn’t always happen like this but I would expect them to have a record of it particularly as Wills can be challenged so solicitors are supposed to keep records of meetings they’ve had etc in case it’s needed after the testator dies.

Have you spoken to the executor directly? It may be that you and the other beneficiaries need to instruct your own solicitor and get to the bottom of it but if you can sort it out amicably first, that’s obviously preferable.