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Scottish lawyer lost papers

8 replies

Muppet18 · 25/06/2024 14:55

I need a copy of my late father's will my lawyer can't find it what do I do I have been asking for 2 months now

OP posts:
stilllovebeetroot · 25/06/2024 15:06

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nosalt · 25/06/2024 17:38

Presumably the solicitor held the original will and has lost it. Why do you need a copy of the will as opposed to the original will?

Muppet18 · 25/06/2024 21:18

I need a copy of the will I don't have one at all so copy or original would do ?

OP posts:
Motheranddaughter · 25/06/2024 22:18

You will need the original Will if you need to apply for Confirmation
Was it held by the solicitor
If there is a copy it needs a court action to allow the Will to be used
If no copy it’s an intestate estatre

nosalt · 25/06/2024 22:21

If you are not the executor, you have no entitlement to receive the original will. If you are the executor, you will likely need the original (as above post).

Muppet18 · 26/06/2024 11:47

It's for my mum she was the executor we need the original I think ? What happens if he has lost it though?

OP posts:
nosalt · 26/06/2024 12:23

If the solicitor was storing the original will and has lost it, then insist that the solicitor applies to the sheriff court for a decree, on the executor’s behalf, and at no cost to the executor, by an action of ‘proving the tenor of a lost will’.

The solicitor will not want to do this.

Motheranddaughter · 26/06/2024 12:43

Contact the Managing partner and say if you and mother does. not have the Will within 7 days you will lodge a complaint

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