Drafts of a will - kept on file?

Miguel_Sanchez

Asking this question for a script I'm writing.

When a person revises their will would their solicitor keep the old versions on file?

If they are kept would they remain on file after the person's death?

CIARAN_BOYLE

Miguel_Sanchez wrote: »

If they are kept would they remain on file after the person's death?

quiet possibly with the words invalidated and the date and a signature of the solicitor who prepared the replacement will. After all multiple versions of a will may be floating around in the deceased property so if the solicitor can say which is final and when it was replaced they can satisfy a lot of problems.

Then again they may not keep them.

Miguel_Sanchez

CIARAN_BOYLE wrote: »

quiet possibly with the words invalidated and the date and a signature of the solicitor who prepared the replacement will. After all multiple versions of a will may be floating around in the deceased property so if the solicitor can say which is final and when it was replaced they can satisfy a lot of problems.

Then again they may not keep them.

Great stuff. Thanks very much!

seamus

It's probably unlikely that a solicitor would keep paper drafts hanging around.

However, for the purposes of having a plot device in a script, word processing software and most file storage systems will have a concept of "versions" which basically keeps tracks of what the file looked like every time the file is saved, but usually these versions aren't visible nor accessible unless you are specifically looking for them.

So a solicitor working on a document, especially one saved to a specific document management system, could often have multiple draft versions of a will in their software. Solicitors are usually quite careful on this. Even so they're not technology professionals, I'm sure plenty of them do this inadvertently.

NUTLEY BOY

Leaving old versions lying around can cause a serious problem.

It is hard to see a good reason to retain an old version of a will for practical reasons. However, if it is being done the defunct will should be suitably defaced as per CIARAN_BOYLE above.

I am well acquainted with a case where a will was superseded by a new one. The testator died. The wrong will was admitted to probate and some of the assets were already being distributed before someone realised what was happening. To say that it was an unmerciful mess to sort out would be an understatement.

Moral - destroy an old will that is being replaced or deface it thoroughly beyond doubt.

Miguel_Sanchez

For the purposes of the script even having INVALID stamped across it is ok - the characters just have to see how the assets were originally going to be distributed.

Thanks for the help guys.

on_my_oe

I have a similar but not plot related question - my nana recently passed away after suffering from dementia for several years with a Power of Attorney in place for the last six months of her life, yet a new will was drawn up and signed three weeks before she died. Is it likely a copy of the previous will is accessible, as there are questions of 'undue influence'.

stringy

on_my_oe wrote: »

I have a similar but not plot related question - my nana recently passed away after suffering from dementia for several years with a Power of Attorney in place for the last six months of her life, yet a new will was drawn up and signed three weeks before she died. Is it likely a copy of the previous will is accessible, as there are questions of 'undue influence'.

If your grandmother was suffering from dementia and under an enduring power of attorney, I would find it hard to believe she had capacity to execute a will. That is not to say, she did not have capacity. The test for capacity is a legal test and not a medical test.

This is something for the executor to consider, or those who stand to benefit from the will or previous will(s). Legal advice is required raising this issue.