Probate refused due to wrong will

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My dad died last year, he and mum had mirror wills, which were left with the solicitor who drafted them (they did have a copy).

When we saw a different, probate specialist, solicitor, we gave him the copy. We were then asked for the original will and other things (house valuation, ID for us executors, etc).

We collected (and signed for), the original will from the solicitor who was holding them. We took it across to the probate solicitor, and their secretary took them.

We did have a couple of letters asking for them again, but emailed, saying that we supplied them to the secretary on x date.

Today we received a letter from the probate office, saying probate has been refused, due to the original not being the original, and will not be granted until they receive the original and not a copy. They ask for us to send the original.

The probate solicitor has asked us to send him the original.

This is a nightmare. We no longer have the original. It was collected and delivered to the probate solicitor's secretary.

I can only guess that somehow the probate solicitor has lost it, but we have no idea what to do now.

If the solicitor sent a copy of the will to probate then surely they have the original as they made a copy to send to probate?

@Quitelikeit The problem is mum gave him the copy of the will that was given to them when the wills were made. The original was sent later. So they are saying they only have the copy and not the original;

This is quite odd. So it was the solicitor who applied for probate? And therefore knowingly sent the copy, not the original? Why would they do that? I'm guessing that that knew they had lost the original and were hoping they get away with using a copy, although the chances of that would be approximately zero. I don't think a solicitor would even attempt it, so as wild speculation I wonder if the secretary who would have been entrusted with sorting out sending stuff off lost the original and thought they would try using the copy.

Anyway your first port of call must clearly be to complain to the solicitor. There is a solution
www.gov.uk/government/publications/report-a-will-is-lost-to-support-a-probate-application
If necessary there is also the SRA and their indemnity insurance.

It should be sortable.

@LauraNicolaides Thank you so much.

Yes the solicitor applied for probate. I got a bit jittery when we had a couple of letters asking us for proof of ID, after we'd taken them in and had them photocopied. We just replied that we had and gave the date, so imagined it was fine after we heard nothing else and was told that they had everything to proceed.

I phoned the solicitor and they said they'd lost it, but would sort it.

When telling my mum, she said she'd found a folder with a will in it and a receipt from the solicitor. She then said she thought they'd taken the original and given her a copy. I'm pretty sure that the secretary took a photocopy then gave her the original back!

Dsis and I didn't know this, as we were giving our bank statements, passports and council tax statements and checking we got them back, mum did the same and we assumed that she'd given it in and didn't get it back. I am annoyed that she had this in a folder and never said, agreeing with me, before I phoned the solicitor, that she didn't have one.

I feel such an idiot, but have told mum that either me or dsis will have to take control, as she keeps on forgetting things.

Oh no! Fess up sooner rather than later, someone at the solicitors will be very worried at this point.

Anyway glad the problem is solved.

@LauraNicolaides thank you, I got mum to phone up immediately. I sent an email apologising.