Legal Question in Wills and Trusts in United Kingdom
obtain original will (i have a photostat copy)
I inherited my mothers house 11yrs ago& have lived here ever since.The name on the deeds is my mothers .and I wish to have it changed to my own. I have only one brother & the small amout of money our mother left we devided between us as agreed in the will. (My brother & I are quite happy about everything)The solicitor that handled everything has now passed on & we can't locate the original will (we thought the one we had was the original)I have in my possession the deeds, the original death certificate, & photocopy of the Will
Yours sincerely Mr Bryce Rogers
1 Answer from Attorneys
Re: obtain original will (i have a photostat copy)
On your mother's death, all her estate passed to her executors to be administered in accordance with her will. I understand that the property owned by your mother was bequeathed to you, and therefore the executors should have transfered title into your name. Before they could do this, it would be necessary for them to obtain a grant of probate.
I do not know from your e-mail who were the executors, or whether a grant of probate was obtained. It is likely that the executors were either the solicitor you mention or yourself possibly with your brother. If it was the solicitor, clearly he has failed to carry out his duties as a executor. There are remedies for this which I will be happy to advise upon. If you were the executor and for some reason did not at that time obtain a grant of probate, this must be remedied with every urgency in order that you might and then execute an assent into your name as beneficial owner.
If you care to contact me with further information I will be able to advise specifically on what needs to be done.
Andrew Dutton
Legal-Zone
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