Can't locate fathers will

Moneymaker

Hi,

My father passed away three weeks ago, however I am having trouble locating his will. All he told us is he made it in Rathmines(15 years ago) and it was never something I felt comfortable or would be appropriate to ask.

Now, i've tried calling several solicitors to no avail. He has a copy in his house im quite sure but it's like trying to find a needle in a haystack.

If I can't find the will in the house, and my phonecalls to various solicitors get me nowhere, what course of action should I be taking to try and locate it, and failing that worst case scenario it doesn't turn up at all.

Many thanks,
MM

UrbanFox

Moneymaker wrote: »

Hi,

My father passed away three weeks ago, however I am having trouble locating his will. All he told us is he made it in Rathmines(15 years ago) and it was never something I felt comfortable or would be appropriate to ask.

Now, i've tried calling several solicitors to no avail. He has a copy in his house im quite sure but it's like trying to find a needle in a haystack.

If I can't find the will in the house, and my phonecalls to various solicitors get me nowhere, what course of action should I be taking to try and locate it, and failing that worst case scenario it doesn't turn up at all.

Many thanks,
MM

Firstly, condolences to you.

You are just going to have to do an extremely thorough search of the house - literally every nook and cranny and behind every shelf. Wills are hidden in the strangest of places. I once found one inside the pages of a book.

If you cannot find the original will - or a true copy of it - you cannot apply for probate of that will. You need the will.

If you cannot find the will the estate will probably have to be dealt with as that of a person who died intestate. This is why the search has to be thorough as you do not want the will turning up after the estate has been dealt with by letters of administration.

P.S. look for a bank receipt as well just in case he left in the bank for safekeeping.

Moneymaker

UrbanFox wrote: »

Firstly, condolences to you.

You are just going to have to do an extremely thorough search of the house - literally every nook and cranny and behind every shelf. Wills are hidden in the strangest of places. I once found one inside the pages of a book.

If you cannot find the original will - or a true copy of it - you cannot apply for probate of that will. You need the will.

If you cannot find the will the estate will probably have to be dealt with as that of a person who died intestate. This is why the search has to be thorough as you do not want the will turning up after the estate has been dealt with by letters of administration.

Can you explain what this means? I'm his only son for the record and he was a single parent.

It's been suggested I try the Deeds Office too as they will have the deeds to the house which should have the solicitors name on them.

unjedilike

Intestate refers to one who has died without making a will.

baba_bear

Hi Moneymaker. Firstly, my condolences on the loss of your father. Should you not locate your father's will in the coming weeks, I suggest that you place an ad in The Law Society Gazette listing your late father's details. It costs about €45 to place an ad. As far as I know most law firms have subscriptions for the above publication, so it's probably the best solution to find your late father's will. I hope this is of some help to you.

nuac

UrbanFox wrote: »

Firstly, condolences to you.

You are just going to have to do an extremely thorough search of the house - literally every nook and cranny and behind every shelf. Wills are hidden in the strangest of places. I once found one inside the pages of a book.

If you cannot find the original will - or a true copy of it - you cannot apply for probate of that will. You need the will.

If you cannot find the will the estate will probably have to be dealt with as that of a person who died intestate. This is why the search has to be thorough as you do not want the will turning up after the estate has been dealt with by letters of administration.

Sympathies on your father's death

Usually on a death the executor takes charge, appointing the undertaker etc

Unless your father died suddenly, he may have mentioned his wishes for final arrangements

Around the country the secretaries of the local solicitors' Bar Associations will circulate their members. As this can be done thru' email, and as most solicitors have their wills register computerised there is usually no problem.
I don't know if the Dublin Solicitors' Bar Association has the same service.
You can advertise in the Law Society Gazette. There is a charge for that

There has been talk at times of a national register of wills, but there are obvious confidentiality issues.

It is good practice to tell whoever has been appointed executor of his/her appointment at the time of making the will

P. Breathnach

My condolences.

Intestate means without having made a will. The Succession Act is very clear on what should happen in such cases (basically, the estate is divided equally between the closest kin). For example, if there are 3 children and no surviving spouse, each child gets a one third share.

The bank where your father did business might be key. Get in touch to inform them of his death. His account(s) will be frozen. Enquire whether they hold any documents for him: some people deposit deeds to property and other vital documents (like a will) for safe keeping.

Do you know the history of the ownership of his house? If he had it mortgaged, the mortgage lender might hold the deeds, even if the mortgage has been paid off. From the deeds, you can learn what solicitor acted for him at the time.

Did your father have any brother or sister to whom he was close? He might have entrusted the will (or knowledge of its whereabouts) to that sibling.

You say you are the only son, but it's not clear if you are an only child. If you have a sister or sisters, you should involve them, at least until a will is found and your father's intentions are known.

Moneymaker

P. Breathnach wrote: »

My condolences.

Intestate means without having made a will. The Succession Act is very clear on what should happen in such cases (basically, the estate is divided equally between the closest kin). For example, if there are 3 children and no surviving spouse, each child gets a one third share.

The bank where your father did business might be key. Get in touch to inform them of his death. His account(s) will be frozen. Enquire whether they hold any documents for him: some people deposit deeds to property and other vital documents (like a will) for safe keeping.

Do you know the history of the ownership of his house? If he had it mortgaged, the mortgage lender might hold the deeds, even if the mortgage has been paid off. From the deeds, you can learn what solicitor acted for him at the time.

Did your father have any brother or sister to whom he was close? He might have entrusted the will (or knowledge of its whereabouts) to that sibling.

You say you are the only son, but it's not clear if you are an only child. If you have a sister or sisters, you should involve them, at least until a will is found and your father's intentions are known.

Yes i've already been in touch with his bank and produced his death certificate. I'll be calling them today to ask all of that.

House was bought new in 1994, he's the only owner. I'm his only child.

Pat Mustard

nuac wrote: »

I don't know if the Dublin Solicitors' Bar Association has the same service.

They don't, unfortunately.

Pkiernan

If you are the only heir, then not finding a will doesn't harm your inheritance.
Production of a will could in fact reduce it.

Pkiernan

If you are the only heir, then not finding a will doesn't harm your inheritance.
Production of a will could in fact reduce it.

sillysmiles

Pkiernan wrote: »

If you are the only heir, then not finding a will doesn't harm your inheritance.
Production of a will could in fact reduce it.

Production of a will, would thought ensure that his late fathers interests were carried out.

OP are there any other legal documents in the house that might give you an indication for who his solicitor was? Potentially if the will was made 15 years ago, the solicitor who made it may have died or retired? I've no idea what happens in those cases.

Moneymaker

sillysmiles wrote: »

Production of a will, would thought ensure that his late fathers interests were carried out.

OP are there any other legal documents in the house that might give you an indication for who his solicitor was? Potentially if the will was made 15 years ago, the solicitor who made it may have died or retired? I've no idea what happens in those cases.

Nothing so far, i'm quite certain it is in the house, but it's literally a needle in a haystack. I'll keep an eye out though, we'll find something sooner or later.

Moneymaker

Happy to say my father's will has been located. The solicitor moved office to Blackrock a few years ago which is why I couldn't find her.

Found a letter in his home with some correspondence and sure enough.

Thank you all for the advice and good wishes,
MM