Will Stolen from Solicitor's Office & Probate Issue

[gerryp2000]

Some time ago my parent’s solicitor’s safe was broken into.
Their wills, (hard copies) were stolen.

My mother was asked by the solicitor to sign off on a printed-out copy, which she did.

She has since passed away and there’s been no issue with the outcome of her probate / estate.

My dad couldn’t sign off on his printed-off copy as he was in a nursing home for the last few years of his life, suffering from dementia, Alzheimer’s etc.

He too has since passed away, and although probate was finalised / settled, it was with flags raised.

The solicitor’s costs included the sale of the family home , managing the probate affairs but also for costs for going to the high court to resolve the issue of the stolen will.
We were advised by him go to the high court so as to "proof the will".

Why did the solicitor go this route when normal intestate rules should have applied and therefore no high court costs, which were to us, very very significant.

 

[mf1]

"Why did the solicitor go this route "

I think only the solicitor can answer that?

Is there any evidence to suggest that your father's original will had been revoked? If not, then this was probably the best procedure.

mf

 

[gerryp2000]

MF, many thanks for your reply.

"Is there any evidence to suggest that your father's original will had been revoked? "

No.

My father's original signed will stipulated that all assets/cash should be divided equally amongst the siblings and my understanding (very limited) is that he died intestate.
Even though the solicitor had an un-signed soft-copy (word document on his computer), should normal intestate rules have been applied rather than going to the high court?

 

[mf1]

"should normal intestate rules have been applied rather than going to the high court? "

But there was a valid will- it was just missing? So it was not an intestacy?

I think the solicitor just followed best procedure in proving the missing, presumed, unrevoked will.

mf