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how to find a will?

  • 02-12-2013 8:00pm
    #1
    silverharp
    Registered Users, Registered Users 2 Posts: 18,854 ✭✭✭✭


    The situation is a will that was written in the 70's and I have the name of the law firm which is still there. The testator has recently passed away but so far havnt been able to find their copy if they had one.
    Is it as simple as contacting that firm? will they have good records going back that far? or simply contact a local firm as they would be logically easier to get to.

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    silverharp wrote: »
    The situation is a will that was written in the 70's and I have the name of the law firm which is still there. The testator has recently passed away but so far havnt been able to find their copy if they had one.
    Is it as simple as contacting that firm? will they have good records going back that far? or simply contact a local firm as they would be logically easier to get to.

    Assuming that you are the Executor, you could do either of those things. It is the Executor who is entitled to make the decisions regarding the Will and the estate, etc. (I am assuming that you are the Executor, subject to correction).

    If you contact the firm who drew up the Will, assuming that the Will was held with them, it should still be there.

    You are also free to go to a local solicitor and let him/her look into taking up the Will from wherever it might be.

    If the Will was drawn up and executed in the 1970s, do you know if any subsequent Will was made, updating the position?


  • #3
    silverharp
    Registered Users, Registered Users 2 Posts: 18,854 ✭✭✭✭silverharp


    The Mustard wrote: »
    Assuming that you are the Executor, you could do either of those things. It is the Executor who is entitled to make the decisions regarding the Will and the estate, etc. (I am assuming that you are the Executor, subject to correction).

    If you contact the firm who drew up the Will, assuming that the Will was held with them, it should still be there.

    You are also free to go to a local solicitor and let him/her look into taking up the Will from wherever it might be.

    If the Will was drawn up and executed in the 1970s, do you know if any subsequent Will was made, updating the position?

    thanks for your reply,not sure who might be the executor, I know I am the sole beneficiary even if there was no will but I doubt if the will had been updated since as there were no changes in circumstances. I was just more curious how good their "filing system" might be? and or how they would respond in the first instance?

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



  • #4
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    silverharp wrote: »
    I was just more curious how good their "filing system" might be?
    They should have some system to look after whatever Wills, Deeds, and documents that they hold.
    silverharp wrote: »
    and or how they would respond in the first instance?
    Because of reasons of confidentiality, they need the Executor's permission before they could send you a copy of the Will or give out details, so they will probably try to contact him first. If the Executor is dead at this stage, they'll have to deal with the person who is entitled to extract the Grant of Representation. I'm not 100% certain if that person would be you.


  • #5
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    If you contact the firm, they can tell you whether they hold the will, but of course they may not hold it.

    If they do hold the will, they'll look at it and if you are the named executor they will send it to you (together with an offer to act for you in the administration of the estate).

    If you are not the named executor, they will try to contact the person who is (and they may ask you if you can help them find that person).

    If they don't hold the will, you'll have to look elsewhere. Check with the deceased person's bank, with any other law firms that you think he might have dealt with, and with any other professional advisers he may have consulted - e.g. accountants. And, of course, search the house.


  • #6
    have2flushtwice
    Registered Users, Registered Users 2 Posts: 1,434 ✭✭✭have2flushtwice


    In the case of a will already being written, and acted upon, how would i get a copy of same? My cousin died and left everything to one person. Where would a copy be held, and am i entitled to see it?
    Obviously that is assuming we are not on very good terms now.


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  • #7
    brian_t
    Registered Users, Registered Users 2 Posts: 6,787 ✭✭✭brian_t


    have2flushtwice wrote: »
    In the case of a will already being written, and acted upon, how would i get a copy of same? My cousin died and left everything to one person. Where would a copy be held, and am i entitled to see it?
    Obviously that is assuming we are not on very good terms now.

    Once the will has gone to probate anyone is entitled to view it.

    http://www.courts.ie/courts.ie/library3.nsf/pagecurrent/F2051BFE4462AAB3802575AF003E0ED0?opendocument&l=en


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