Solicitor won't release will. Best course of action?

[Eastie77Returns]

DM passed away recently and I am co-executor of her will along with Dsis. DM's solicitor's firm has not been very easy to contact, seem quite unprofessional. We have decided we do not want them to deal with probate. I have access to legal help via my place of work and think we can handle it ourselves with the help of the legal assistance I have in place. However we cannot get hold of the original will. We have sent a signed letter requesting this but no response. I called the solicitor earlier today and spoke to the receptionist. She asked if the firm would be handling the probate and when I said no she said she couldn't give me an update and someone will be in contact "in due course".

What is our best course of action if the solicitor does not release the original will to us? I believe there is a regulatory body for solicitors - can't think of the name - so would it be worth contacting them?

If you and your sister are named in the will as the only two executors and you have both authorised the release of the will they should get it out of storage and release it to you within a reasonable time.

No one can comment on whether they are taking too long as you haven't mentioned how long ago the request was made, but they shouldn't hold on to it in the hope you might instruct them.

Thanks @Collaborate , it’s been 2 weeks since we authorised the release. Not sure if I’m being impatient as no idea how long these things should take.

I was advised on a different thread not to be Executor as it’s a nightmare role and I wish I’d followed that advice.

It's only a nightmare role if it's complicated or there are funds overseas. If it's just house, contents and savings then it's straightforward. You would still have to find all the information to give to the solicitor who would post it off, why give them an hourly rate just to post a letter?

I would send them one more letter giving a date you want it by, but just a thought here...how reliable/often is your postal service at the moment? Maybe set a date of you picking it up from their receptionist (not the solicitor as they will charge you a consultation fee).

Can you collect it? You’ll need to take ID with you but I would call, follow up with an email and tell them you will be in to pick up the Will at a certain time on a certain date. If they don’t have it available for you on that date, you will speak with the Law Society.

We have a fire proof store/safe where wills are kept onsite. It’s a case of walking down to the basement and bringing the document back up the stairs. 10 minutes…….unless they’ve lost it.

This.

We do the same thing. As long as the executors have the correct ID etc we give them the original will there and then. It's just gotten out of the safe and handed over and signed for. Not sure why your solicitors are taking so long tbh - may be worth just calling in together with plenty of id (photographic and address) and asking for it.

Although, on second thought they may have lost it. If they have a photocopy and you asked them to deal with the estate they could apply to the probate registry for the grant with the copy will and not necessarily explain this to you so you wouldn't know anything about it. As you don't want them to deal with the estate they may be frantically looking for it so they don't have to explain to you it's lost!

They do sound like they're deliberately making life difficult in the hope that you'll use them as executors - it's presumably backfiring because if I were you I wouldn't touch them with a barge pole even if I discovered I definitely needed a solicitor as part of the process eg to sell the deceased's house. I'd go elsewhere.

Make it very clear to them that you need the Will asap, perhaps that you will collect in person if that will speed things up, and that you need a firm deadline for its return.

If they continue to delay then make a formal complaint to them and mention the words "otherwise I will be pursuing this with the Ombudsman"
https://www.lawsociety.org.uk/public/for-public-visitors/using-a-solicitor/complain-about-a-solicitor

@Eastie77Returns Is there a chance that the solicitors have lost/mislaid the will? It would be worth their while to set people searching if they stand to gain additional business, if it's just to hand it over, then less of a priority - to them, not you.
Lots of chaos must have occurred with Covid, and my solicitor outsourced the holding of my will to a different law firm, so that they could downsize their offices.
Would the split of assets be much different if your DM had died intestate, or will there be detailed bequests and codicils that you need to follow to the letter?

This may help https://www.sra.org.uk/consumers/problems/

I’d just turn up in their doorsteps. One more phone call to them to nudge them and tell them if it isn’t with you by the end of the week you will be turning up with your sister to personally collect the Will on Monday.

It may be that this just isn't a priority for them. Shouldn't be the way, but if you're not using them for probate and there's no chance of further work from you then going through the internal processes that are needed to release the original just won't be top of anyone's list. I have to authorize this type of thing and it's just dead time to me - I do however get it done!

As PPs have said, make an appointment for you and your sister to go in with ID.

Are you sure it is with the solicitors? Mine is in the national will safe. Could you contact them and ask if it is there?

There is a possibility it is lost. I had a family member who's will had been lost. The folder had all the other documents but not the actual will. Caused huge problems. I would be firm with them that you need it soon.

Have you sent the sols a certified copy of the death certificate? I would email, ccing your sister in. Request the will and attach ID for you and your sister and the death cert.

They can't refuse to release it

Engage another solicitor to do probate on your behalf. They can then sort it out for you.

Having recently had a death in the family, it would have been a nightmare if DH and BIL (joint executors) had tried to do the whole thing.

If you're good with forms and everyone's on good terms then it's fine to be an executor yourself, no need to pay a solicitor, especially since the OP has access to free legal advice. You can always hire professionals for specific tricky bits - and you'll need a solicitor if there's a home to be sold.

Myself and OH executed my brothers will.
We rang the solicitor it was lodged with and arranged an appointment to come into their office with ID to collect it. Very simple and straightforward

I think the estate is fairly straightforward. I only described it as a nightmare as I’m co-executor with Dsis and she is extremely disorganised. I will have to deal with the admin as she has now said it is too overwhelming for her.

The solicitor is a 4 hour drive away for me but if it comes to it, I will go in person. However Dsis lives in another part of the country, doesn’t drive and I can’t see her making her way there tbh. Do both Executors have to present their ID in person to release the will or can I get it alone?

Eeek, hadn’t considered that they might have lost it! A distinct possibility as when I called they asked “when did she make the will” as if they were really unclear as to where it is.

One executor can usually act for both. There were occasions when dealing with probate for my FiL that either DH or his Sister dealt with things. The only time they both had to act was when selling the house.

The SRA is the regulatory body for solicitors.

I would contact them via email stating that you requested a copy of the will on x date - and that you are yet to receive it - and offer to go in and collect it. In the same email I would request a copy of their complaints handling procedure - they are required to have one of these and it might spark them into action.

Providing you with a copy of the will is an incredibly simple and straightforward task so it should not take 2 weeks(!) - and chasing them is the last thing you should having to be deal with right now.

From working with solicitors, it’s highly unlikely but possible that they’ve lost the original will. It may be stored in an archive but this should take 2 days max to retrieve. A copy of a will should be easy and quick to action for you.

They may not be happy that you’re not allowing them to handle the probate, but most solicitors should at least be civil about this.

And follow what @Pollyanna123456 says. From previous experience though when we ever had complaints or were referred to the SRA we tried to resolve things but mostly it was “it’s not our fault, we’ve acted professionally” even when they hadn’t done.

Bear in mind some solicitors will expect all the Executors to go to collect and produce ID. My DH and his brothers had to do this! It was a nightmare.

Tbh it will probably easier for you to do all the admin alone if your sister is disorganised. You'll just have to get her to sign any IHT forms, probate forms and property selling stuff. HMRC are very helpful when you can get through to them. Probate Office have a chat function which is also good. The gov.uk website is also good.

Sorry about your mum

Also meant to ask if there could be a copy of the will amongst your mum's papers - worth a look.

My mum's solicitor required only one of us to go but they needed a letter of authorisation from all the executors plus copy of passports. I phoned the solicitor about collecting it and went three days later. My mum hadn't used her solicitors in years but they still located it quickly. I think the solicitor is taking the mick. I would phone back and ask to speak to somebody other than a secretary or receptionist.

Dads solicitor had a copy of his will (as did Iand there was another in a fire safe at the house, but original with Sol) and was also dealing with his housesale at the time. I found them terribly slow and unresponsive in terms of timescales for either matter but we were mid covid and there was a lot of working from home with the kids involved. My co exec eventually went into the office with all ID etc and I had to email over signed stuff and copies of PP etc. But all happened in less than a week, I then had to pull my finger out with probate and managed to achieve that in 2 weeks after a bit of a run in with buyer of property. He died two days before completion after exchange. We managed to pull through probate with a special request (I phoned at 7.45 and managed to catch the big boss in the office answering phones) and it cleared through the next day - it was straight forward though, bit of savings, some premium bonds, some shares and the house. He had also made it super easy with one paper file with everything listed and filed.

I think as others have said gather a letter from each exec agreeing to release, copies of everyones ID and phone em up and make an appt. They are being too slow