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Solicitor hasn't released Will

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  • 14-06-2018 2:58pm
    #1
    Misguided1
    Closed Accounts Posts: 215 ✭✭


    Looking for some advice please.

    One of my parents passed away last year. Our solicior did a search of other solicitors firms to establish whether a Will (s) exist. A couple of firms confirmed they held Wills. One sent a copy to our solicitor, the other has not done so despite numerous letters, emails & phonecalls from our solicitor. Letter of authority was send confirming that our solicitor was acting on behalf of the estate (on request) and nothing since then.

    I have called directly but the solicitor will not return my calls.

    Any idea's as to what the issue could be? Can a solicitor withold the Will for some reason? What recourse do we have?

    Any advice would be greatly appreaciated.


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    #2
    Peregrinus
    Registered Users Posts: 26,092 ✭✭✭✭Peregrinus


    Is he owed money?


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    #3
    Misguided1
    Closed Accounts Posts: 215 ✭✭Misguided1


    Good question - not that I am aware of but we did ask whether any payment was required so the opportunity was there.


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    #4
    huskerdu
    Registered Users Posts: 1,931 ✭✭✭huskerdu


    The solicitor can only release the will to the executor. Do you know who the executor is on the will which this firm has ?


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    #5
    Misguided1
    Closed Accounts Posts: 215 ✭✭Misguided1


    No we don't know who the executor is but it is highly likely to be the same executor as on the previous will.
    Wouldn't it be normal for the solicitor holding the will to at least tell us why it is not being release?
    E.g. trying to contact the named executor, money owed, dispute or whatever.
    Surely they can't just sit on it indefinitely.


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    #6
    seagull
    Registered Users Posts: 2,340 ✭✭✭seagull


    Any idea how the dates compare? If you have the latest will, then you can ignore the solicitor who won't send on the will.


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    #7
    Misguided1
    Closed Accounts Posts: 215 ✭✭Misguided1


    We simply don't know. I suspect it predates the one we hold but can't be sure until we see the other one.
    Presumably we can't proceed now that we know another will exists.


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    #8
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    Your solicitor should write to the Law Society.


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    #9
    seagull
    Registered Users Posts: 2,340 ✭✭✭seagull


    Claw Hammer wrote: »
    Your solicitor should write to the Law Society.

    Have you sent this solicitor a formal death notice? If so, then I'd second a complaint to the law society. He's holding a will knowing the testator is dead, and refusing to send it to the relevant people, or even give any details. At the very least, he should be providing the date of the will, and the name of the executor, or forwarding the will to the named executor.


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    #10
    Misguided1
    Closed Accounts Posts: 215 ✭✭Misguided1


    Thanks Seagull. That's very helpful. He has received a copy of the death cert and a letter authorising our solicitor to act on behalf of the estate. Seems like law society is the only way to go now.
    Thanks for the replies!


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