No will but wishes of deceased known

[becky]

Dad left a will leaving farm to son, sites to the other 4 siblings.

The will was lost by solicitor. This was discovered on Dads death. At that stage Mom had advanced Alzimers so the farm was transferred to Mom.

Mom has now passed away so I'm looking for information as to what should happen next.

All siblings are happy for the original will to be honoured.

What should happen next.

Thanks in advance.

 

[mf1]

You need a solicitor for this. Either the one who lost the will or another.

I don't understand how the farm could be transferred after your dad's death to your mother? Was there some form of a Grant of Probate taken out to your dad's estate? And did your mother make a will?

It is possible, with sufficient evidence, to "prove" a lost will by way of an application to Court- i.e. a copy or notes from the solicitor on the making of the will.

But some form of Probate is required to transfer land.

mf

 

[Billo]

The original will may heve been with the solicitor, bur a copy should be somewhere else. presumably with the person who made the will.

 

[Peanuts20]

You need a solicitor for this. Either the one who lost the will or another.

I don't understand how the farm could be transferred after your dad's death to your mother? Was there some form of a Grant of Probate taken out to your dad's estate? And did your mother make a will?

It is possible, with sufficient evidence, to "prove" a lost will by way of an application to Court- i.e. a copy or notes from the solicitor on the making of the will.

But some form of Probate is required to transfer land.

mf

when the father died, with no will (as there is no proof it ever existed), the spouse gets the entire estate. That's laid out in the Succession act 1965

 

[RedOnion]

when the father died, with no will (as there is no proof it ever existed), the spouse gets the entire estate. That's laid out in the Succession act 1965

Even when there are children?...

 

[NoRegretsCoyote]

bur a copy should be somewhere else. presumably with the person who made the will.

I made a will years ago and asked for a photocopy. I got a funny look as if either the solicitor didn't approve or people didn't normally ask.

The will was lost by solicitor.

When it all gets sorted you should take this to the Legal Services Regulatory Authority. Losing a will is inexcusable short of major fire or flooding.

 

[Lambchops65]

Succession Act 1965.
If you are survived by:

• a spouse or civil partner but no children (or grandchildren): your spouse or civil partner gets the entire estate.
• a spouse or civil partner and children: your spouse/civil partner gets two-thirds of your estate and the remaining one-third is divided equally among your children. If one of your children has died, that share goes to his/her children

Hopefully you get sorted. Defo get a solicitor involved.

 

[Thirsty]

Even when there are children?...

Intestacy rules - two thirds to surviving spouse, one third to children. Adult children will often forgo their share to allow parent remain in family home.

 

[Steven Barrett]

when the father died, with no will (as there is no proof it ever existed), the spouse gets the entire estate. That's laid out in the Succession act 1965

You do know the mf1 is a solicitor? She knows her stuff

 

[Gordon Gekko]

when the father died, with no will (as there is no proof it ever existed), the spouse gets the entire estate. That's laid out in the Succession act 1965

I think you mean “Succession” rather than the Succession Act 1965.

My money’s on Roman for what it’s worth.

 

[Clamball]

There was a case recently where the original will was lost by the solicitor due to theft, but the judge was happy they had sufficient evidence to honor the wishes of the deceased despite him never remaking his will when asked to do so by the solicitor. So as mf said get your solicitor to apply to prove the lost will to the courts.