Time allowed to find Will?

O

oscar1906

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Anyone know how much time the Executors (according to a copy Will) are allowed to find the original Will?
 
There is no clarity about it, other than the general legal principle that things should proceed towards distribution without unreasonable delay. If you take all steps that you can think of to find it, and have no search options remaining, then you might be entering an area of unreasonable delay.

The situation gives rise to an important question: did the testator destroy the will in order to revoke it, or is it genuinely mislaid? That is not a matter for the executor to decide, or even the Probate Office. It needs to go before a judge sitting in the Probate Court.
 
Thanks for that. The situation is somewhat unusual in that the *Executors* are not next-of-kin so I imagine they really should not be *trespassing* on the deceased's property searching for it as until the original Will turns up they are not technically/legally the executors yet! ...Or am I wrong?
 
oscar1906 said:
Thanks for that. The situation is somewhat unusual in that the *Executors* are not next-of-kin so I imagine they really should not be *trespassing* on the deceased's property searching for it as until the original Will turns up they are not technically/legally the executors yet! ...Or am I wrong?
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I think you're wrong. On the face of it, there appears to be a will. In the absence of any evidence of a newer will, the executors in that will should be taking steps to find the original and carry out the wishes of the executor.

Who has access currently to the deceased's property? Have they searched for it? Would it suit family if the will was not found and everything distributed on an intestacy basis?

mf
 
mf1 said:
Who has access currently to the deceased's property? Have they searched for it?
mf
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The *Executors* (if we can call them that) have access and have been searching for over six months to no avail. Don't want to say too much more than that at this stage.
 
Perhaps I am suggesting something that is obvious: if a solicitor was involved in drawing up the will, there is a chance that the original is held in the solicitor's office.

If people have searched assiduously over a period of six months and failed to find the will, it looks like time to head for the Probate Court for a ruling. If all beneficiaries (those named in the missing will, and those who might stand to inherit under intestacy rules) believe that the will is a true one and that there was no intention to revoke it, then it is likely that the Probate Court will recognise the copy. If there are conflicting opinions, then you can not anticipate the outcome.

Even if the executors intend to act personally, I suggest that they engage a solicitor to help with bringing the matter to the Probate Court.
 
I understand that a solicitor was not involved. Anyway her solicitor's office was contacted and nothing on file. Thanks for the info.
 
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