Probate - DIY

linola_c

Hi Everyone

My father is currently trying to sort out his father's will who passed away some years ago. He has been quoted an outrageous price from a solicitor so we are going to try and do it ourselves.

Thing is his solicitor has told him that she cannot give him his fathers original will or the deeds of the property in the will, he is the executor - does anyone know if this is correct?

My understanding is that he will need the original will at least to do the probate?

Can anyone help?

Ta

coylemj

linola_c wrote: »

My understanding is that he will need the original will at least to do the probate?

Sounds like the solicitor is acting the complete pr1ck, your father is entitled to the will if he is the executor.

However, he will really only need the original copy of the will when he goes to his appointment in the Probate Office, he can march down to the solicitor's office, show them the letter telling him to bring the original will (to thevprobate office) and demand the will is handed over.

You don't really need to get your hands on the deeds unless you need to sell the property or change the ownership to reflect a split caused by it having left to more than one person. If the property has been left to one person, you don't have to do anything. Down the line, the person inheriting the property can use a certified copy of the will and the deeds to sell the place. In the meantime let the solicitor keep the deeds in his safe, that will be cheaper than you paying a bank to mind them.

Either way, once your father has been granted probate, he can demand that the deeds be handed over.

partyguinness

linola_c wrote: »

Hi Everyone

My father is currently trying to sort out his father's will who passed away some years ago. He has been quoted an outrageous price from a solicitor so we are going to try and do it ourselves.

Thing is his solicitor has told him that she cannot give him his fathers original will or the deeds of the property in the will, he is the executor - does anyone know if this is correct?

My understanding is that he will need the original will at least to do the probate?

Can anyone help?

Ta

Sorry can you clarify. Who is the executor? your father or the solicitor?

If it is your father then the solicitor has no basis in which to hold on the Will. The solicitor is sulking because she is not getting the business.

I would contact the Law Society asap to lodge a complaint. That usually gets a quick enough response.

Yes, you will need the original Will.

ps. If the executor is the solicitor, she does not have to release the Will I'm afraid. Check if there is a charging clause.

coylemj

partyguinness wrote: »

Sorry can you clarify. Who is the executor? your father or the solicitor?

If it is your father then the solicitor has no basis in which to hold on the Will. The solicitor is sulking because she is not getting the business.

I would contact the Law Society asap to lodge a complaint. That usually gets a quick enough response.

Yes, you will need the original Will.

+1 OP states that the father is the executor. I agree with the your comments about the attitude of the solicitor, very unprofessional.

linola_c

Thanks guys.

Yes my father is the executor.

Can he legally ask for the deeds as well then or do we need to have the grand of probate then too?

Thank you very much for this advice.

partyguinness

linola_c wrote: »

Thanks guys.

Yes my father is the executor.

Can he legally ask for the deeds as well then or do we need to have the grand of probate then too?

Thank you very much for this advice.

TBH I wouldnt be too worried about the deeds at this point. Getting the original Will should be the priority. After probate, then demand the deeds and any other papers held.

linola_c

Ok thank you.

Once we have the probate, is transferring the land in to my brother and sister's names a big job? It has been left to them in the will.

As i understand it, we need to get the land valued for the probate too?

coylemj

linola_c wrote: »

Once we have the probate, is transferring the land in to my brother and sister's names a big job? It has been left to them in the will.

It's a job for a solicitor but if they have been jointly left the land (i.e. no physical split) and don't want to sell it straight away, they don't have to do anything.

linola_c wrote: »

As i understand it, we need to get the land valued for the probate too?

Yes, all real estate will need to be professionally valued as part of the probate.