Solictor Permanently Closed

faolteam

My Dad  re wrote a will With a certain Solictors about 7 years ago he passed away last Tuesday and i was writing to this solictor firm  to see if i needed a Grant of Represntation to certify that the will is Valid but it It Seems now that this company has been permanently closed and not in operation , Do i still need this solicitor firm , and will this will still be valid now that there closed.

Victor

Sorry to hear about your dad.

It's possible that someone retired, is ill or there is some other issue. There will normally be some arrangement. It might be useful to enquire locally as to what has become of the firm. If that doesn't give you any pointers, an enquiry with the Law Society should clear things up: https://www.lawsociety.ie/

Importantly, do you know where the will is?

faolteam

https://www.boards.ie/discussion/comment/121049642#Comment_121049642

Thank You , im not sure if i can name the firm , but seems the solictor had debts , and got 18 months the will was written in 2016, and yes i have the will it was signed by him and his legal secetary , are wills copy also lodged with law society or is it just one original will.

Peregrinus

You don't need this solicitors firm at all. They did your fathers will, it was a one-off job, it was done, they got paid, it's in the past. Even if they were still around, there would be no reason for them to have any involvement in getting the will admitted to probate or administering the estate.

You probably do need a grant of probate, though if your father's estate is very simple you might be able to deal with it without one. If you do need a grant and you want a solicitor to assist with that, you can go to any firm.

faolteam

https://www.boards.ie/discussion/comment/121049664#Comment_121049664

Thank you for that and do i need to get a a Grant of Represntation to certify that the will is Valid i would be one of the Executors of the will

coylemj

https://www.boards.ie/discussion/comment/121050612#Comment_121050612

You don't need to go through any procedure to 'certify' the will as valid. You can just bring the will and a death cert. to a solicitor and ask him/her to start the process of probate. This will conclude with you and your co-executors getting a Grant of Probate which authorises you to dispose of the assets in accordance with the provisions in the will. The solicitor will do all this in your name - get the money from the banks and send a cheque to each cash beneficiary. Or, to save on legal costs and if the estate is relatively simple, you can do it yourself, this is known as 'personal probate'.

faolteam

https://www.boards.ie/discussion/comment/121050880#Comment_121050880

Thank you for that, Dad a widower left a strange will in many ways, there were four siblings but basically the will stated who the executors were and that they pay his funeral bill and bills but that the house was a family home and could only be sold if all four siblings agreed at present there is still two living in this house , does still then have to go to go to probate and is it necessary to have the house in all four peoples names i appreciate your help

coylemj

https://www.boards.ie/discussion/comment/121060039#Comment_121060039

You need to talk to a solicitor. That will does sound 'strange' and I doubt if the probate office will let you do personal probate on it.

BTW, the bill for the funeral has to be paid out of the estate, a testator cannot simply name people as executors and instruct them to (personally) foot the bill - that is how I am reading your post. Is there money in bank accounts to pay the funeral expenses?

Aside from the condition on the sale of the house, does the will explicitly say that the children are to inherit the house in equal shares?

Peregrinus

https://www.boards.ie/discussion/comment/121060039#Comment_121060039

It's going to have to go to probate at some point, because one day the house will be sold, and the executors won't be able to sell it until probate has been granted.

Claw Hammer

The law society has a closed practices section. You should contact that section and see what they have done with the files from that practice.

coylemj

https://www.boards.ie/discussion/comment/121085978#Comment_121085978

See post #4. Where poster Peregrinus advised the OP that he has no need for any further engagement with that firm. OP has the original will in his possession.

Claw Hammer

https://www.boards.ie/discussion/comment/121086200#Comment_121086200

I have seen post £4. There could well be other relevant documents on the file such as a letter of wishes and indications as to other assets. No harm in checking.

coylemj

https://www.boards.ie/discussion/comment/121101374#Comment_121101374

Why on Earth would a client (1) visit a solicitor, make a will and take it home with him and (2) make out a 'letter of wishes' and leave it with the solicitor? Don't you express your 'wishes' in the will?

Claw Hammer

https://www.boards.ie/discussion/comment/121101548#Comment_121101548

What often happens is that the client goes to a solicitor for a consultation about a will and a letter of wishes is drawn up. It is read back or given to the client. The client leaves the office. After that the will is drafted and the client returns to sign it. This is frequently the case where there is a complication like a trust or the description of an asset. If a will is taken away, It may well be because there was another will made. The o/p wont know what happens unless he enquires. Sometimes discrepancies between the letter of wishes and the will can be used to explain the terms of the will or indeed sue the drafting solicitor for negligence.

faolteam

OOk just an update I did ring the law society another firm in the same area seems to have taken there files etc when I did get through she verified this and was able to tell me about the will when I gave the details which now makes me wonder (forgot to ask her ) does she have the original . In fact how do u know if it’s an original or a copy black n white ?

coylemj

https://www.boards.ie/discussion/comment/121105826#Comment_121105826

Your father could have signed two copies of the same will on the same day and the solicitor kept one of them. If your copy of the will is signed in ink, it's as good as the one the solicitor has. If you have a photocopy, it should be obvious and you will need to get the original from that solicitor, unless you want to instruct them to do the probate.