An unsigned will left in solictors office

joethegrinder · 29-10-2024 10:12PM #1

can someone tell me the answer to this. My uncle left an unsigned will in the solicitors office .he told me

Before he died that I was to get everything including land. After his death I went to the solicitors to see

The will and he told me that it was not signed and he would not show it to me. So everything went to my

Cousin on the previous will. Why won’t the solictor show me the unsigned will . If my name was on it

Should freedom of information not let me see it

Oscar_Madison · 29-10-2024 10:27PM

can’t answer the FOI aspect of your query but link below from a UK website gives some good explanation of an unsigned will - sorry not got news for you - I think you’ll find Irish law similar

I experienced a version of what you experienced many years ago - essentially an unsigned will , especially when another is in place previously doesn’t have standing legally - which is what I was told by a solicitor -maybe you’d have some chance if no Will was in place but you’d need legal advice on that

https://legalguide.ie/wills/#capacity-to-make-a-will

https://anthonygold.co.uk/latest/blog/what-can-you-do-with-an-unsigned-will

148multi · 29-10-2024 10:33PM

FOI only applies to state and local bodies.

Try a data request, but if not signed and not witnessed, it not going to be much use to you.

chubba1984 · 29-10-2024 10:35PM

An unsigned and unwitnessed will has no legal standing so whether you see it or not wont make any difference. Also FOI applies to records of public bodies so that doesn't apply either.

phildub · 29-10-2024 10:36PM

Is this a hypothetical situation OP? You see to get into a lot of unfortunate legal predicaments. A will without a signature is just a piece of paper that would also be covered by legal privilege. You also have no reason to see it because it's not valid so it means absolutely nothing.

joethegrinder · 29-10-2024 11:15PM

I don’t trust my solicitor or office staff they are a bunch of crooks .they have already

Been before the law society. I do believe that my uncle signed the will but if I can’t

See it ,I don’t believe it . There is nothing to stop him taking payment from the beneficiary of the first will

Jim_Hodge · 29-10-2024 11:30PM

https://www.boards.ie/discussion/comment/122777292#Comment_122777292

Oh come off it. If they wanted to fabricate an unsigned will they could just type up another one without the signature and show you that one.

EDIT: Is this the same will you've had a few threads about? The one from 1981 that can't be found? It's becoming incredulous at this stage, if it is.

the_amazing_raisin · 29-10-2024 11:30PM

https://www.boards.ie/discussion/comment/122777292#Comment_122777292

The solicitor doesn't work for the beneficiary (your cousin) they worked for your uncle and the executor of the estate after he died. There is no financial incentive for them to favour your cousin against your uncles will. In fact such behaviour would likely lead to the solicitor in question being disbarred and charged with fraud

I'm sorry to say but if the will wasn't properly signed and witnessed then it's likely null and void. Your uncle's solicitor would have known this and almost certainly discussed it with him before he died. So the bad news is that whatever your uncle did or intended to do, it wasn't done properly and isn't likely to help your case

Charles Babbage · 30-10-2024 01:09AM

You do not mean FOI, you mean data protection.

If the solicitor is holding a document with your name on it or other personal details then he has to release all information that he holds. Of course an unsigned will is not a will.

Deeec · 30-10-2024 03:12AM

https://www.boards.ie/discussion/2058378360/an-unsigned-will-left-in-solictors-office

Why would anyone leave a will unsigned? That doesn't make sense.

Is it possible your uncle was spoofing you by telling you he was leaving the land to you? It happens.

The only valid will it seems is the will where the land was left to your cousin. If your uncle wanted you to have the land he should have signed the will!!!!

Who was your uncles executor?

Peregrinus · 30-10-2024 04:45AM

https://www.boards.ie/discussion/comment/122777534#Comment_122777534

GDPR doesn't require solicitors to disclose information in breach of their duty of confidentiality to their client. In this case the client would have been the OP's late uncle, now represented by his executors/personal representatives. The OP wont'b e able to use a GDPR subject access request to get any wills, or draft wills, prepared for the late uncle without the consent of the executors/per reps.

Claw Hammer · 30-10-2024 11:53AM

If the will wasn't signed dur to negligence by the solicitors, or was signed and there was some other problem such as witnessing, you would have a cause of action against the solicitors in your own right.
No wonder they won't show you the will.

Blind As A Bat · 30-10-2024 12:16PM

On foot of what another poster said, I checked your previous posts, and is this the uncle who died in 1992? You say the estate went to your cousin under a previous will, so if it's that long ago you can't do anything about it now. You would have had to contest the will at the time or within six years of your uncle's death.

I noticed you also have a query about land that you believe rightfully belongs to your family. Have you tried one of the free legal advice services where you can speak to a qualified solicitor ? You won't really get expert advice on this forum, unless there's a solicitor somewhere around.

UrbanFox · 06-11-2024 05:49PM

https://www.boards.ie/discussion/comment/122777292#Comment_122777292

Not back-seat moderating but please be very careful about accusations or you may end up starring in your own legal drama.

If the contentious document was not executed in accordance with the requirements of the Succession Act 1965 it has absolutely no legal validity. Link Succession Act, 1965

However, if you are so deeply sure of your beliefs about what has happened you might explore two options ;

Consult a solicitor of your own choice whom you trust and be advised by them. Hopefully, this might secure a definitive resolution. Ask them about the process of discovery when advising you.
If you are very certain that there has been chicanery you could complain to the Gardai.

I am not offering legal advice. I am just suggesting a way to try and resolve this for you in your own mind.

An unsigned will left in solictors office

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