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Will in bank deposit box?

  • 13-05-2012 4:23pm
    #1
    rilly99
    Registered Users, Registered Users 2 Posts: 221 ✭✭


    We think mothers will may be in safe deposit bank , we assume that bank will only release to executor , we don't know who executor is as father cannot confirm as it was over thirty years ago will was made- would bank open envelope to confirm if there is will inside and who executor is ? We want to avoid legal expense if possible


Comments

  • #2
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Bring the death cert to the bank and ask them for the will. they may insist that a solicitor requests it.


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    Technically they could only respond to a solicitor who has been engaged by the executor so I think the solution is probably to bring the death cert. to the bank, explain the situation and ask them to make a photcopy of the will and hand it to a member of the family.

    As the customer (the OP's mother) is dead, there's no breach of confidence and given that the family need to at least know who is named as executor, I couldn't see them having any problem with this approach.


  • #4
    rilly99
    Registered Users, Registered Users 2 Posts: 221 ✭✭rilly99


    coylemj wrote: »
    Technically they could only respond to a solicitor who has been engaged by the executor so I think the solution is probably to bring the death cert. to the bank, explain the situation and ask them to make a photcopy of the will and hand it to a member of the family.

    As the customer (the OP's mother) is dead, there's no breach of confidence and given that the family need to at least know who is named as executor, I couldn't see them having any problem with this approach.

    Yes I only need to know there is a will ( pretty confident of that ) and who the executor is I don't want to involve legal at this stage as it is straightforward - you die I die transfers both die kids equal shares etc and would hope if one of the children is executor that we can do probate , it seems that the will may have been taken out around time when buying house and we were quite young ( 1980) is it possible that the solicitor may be the executor


  • #5
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    rilly99 wrote: »
    is it possible that the solicitor may be the executor

    Yes, if the solicitor who drew up the will decided to include that provision. An aunt of mine died a few years ago and the will stated that the solicitor who drew up the will be used to do the probate but he wasn't nominated as executor, I was.

    I was told that that provision had no legal effect so I ignored it, did personal probate and saved a packet.


  • #6
    rilly99
    Registered Users, Registered Users 2 Posts: 221 ✭✭rilly99


    coylemj wrote: »
    rilly99 wrote: »
    is it possible that the solicitor may be the executor

    Yes, if the solicitor who drew up the will decided to include that provision. An aunt of mine died a few years ago and the will stated that the solicitor who drew up the will be used to do the probate but he wasn't nominated as executor, I was.

    I was told that that provision had no legal effect so I ignored it, did personal probate and saved a packet.
    So it wait and see for me then :-)


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