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will woes

4 replies

VeryQuaintIrene · 13/05/2021 23:18

My mum died of covid last year and I am her only child and heir. The estate is the simplest in the world, but probate is taking forever (it’s been going on since last July) and I have just learned that the bank has an original 1984 will (willing everything to me) but the most recent will is 2003 (willing everything to me) but because the bloody bank has managed to mislay the original, it’s going to have to be treated as though there were no will because that is apparently quicker than trying to prove that the copy is of a genuine will. Is this really the only way around this? I’m lucky enough not to need the estate any time soon, but it seems quite extraordinary that this is what we have to do and if anyone has any advice, I’d love to hear it. Thank you!

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user1497207191 · 14/05/2021 10:37

Why on Earth did you give the bank the original will. There's no need for that at all. Either you or your solicitor keep tight hold of the original and don't let it out of your possession. You should have gone through probate and then given the bank an official/certified copy of probate.

VeryQuaintIrene · 14/05/2021 11:42

Thanks for that helpful and supportive contribution. The bank was my mother's executor with whom she did all her business so they had the original that she drew up with them and assumed that they would take care of it. They are going thru probate now and the problem has just been revealed.

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123sunshine · 14/05/2021 13:56

Without the will she is deamed to have died intestate; as her only child and with no spouse you inherit everything anyway, so really makes no difference. Banks are notoriously expensive administering estates, as the Will has been lost and they are therefore not appointed as executor, you may wish to question whether you still want to use their services. That's a whole other issue though.

VeryQuaintIrene · 14/05/2021 15:28

Thanks. Unfortunately the bank has already been dealing with it since July, so starting again at this stage seems like an extra hassle. Doesn't help that I am not in the UK!

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