# How does solicitor know a person is deceased?



## flowerpot

What I always wondered and now it is personal.......If a person makes a will with a solicitor and is now deceased, he has only one surviving blood relative so therefore brother inherits all but what I was told by deceased he was leaving me something in will so I wonder how does solicitor know a person is deceased and the wishes are to be carried out?  I mean the brother of the deceased can always say he knows of no will ever made, so do solicitors have a duty and how can they know when one of their clients dies.
Thanks


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## Time

This is why it is a good idea to tell people you have a will. 

I seriously doubt solicitors trawl death notices looking for the names of deceased clients.


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## flowerpot

Exactly....I often wondered about this (now I know why!!).....but it is a crazy system should there be a central government department you can record a will has been made and then acted upon when death cert. is issued, therefore no matter how many wills you make it is known your last wishes......


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## beffers

I imagine that most solicitors would have some sort of system in place whereby they keep in touch with their clients, just so that they will be up to speed if there is a major change in the personal circumstances of the people that they service, such as death. I mean if I am in the business of writing up wills for people, I am going to have some sort of system in place whereby I'll know if they die, won't I? At least I will, if I have even an half decent set of business practices in place.  

I get a phone call from my solicitor once a year, in November. The reason given for the call is that they are updating the addresses of their clients so that Christmas card won't go out to people who have moved. I bet that if they were unable to reach me, or a new person had my phone number, they would do some digging (such as contact my next of kin) as to what had happened me. It's money out of their pockets if they didn't.


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## wbbs

I not so sure about the solicitors keeping track, I made a will with a solicitor maybe 15 or so years ago, I have never had any contact with that solicitor since and in fact I can't even remember the name of the solicitor or firm.  Now I do have a copy of the will myself so obviously I can find out the name but I doubt that solicitor knows whether I am dead or alive.


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## mercman

I have seen circumstances where solicitors require the sight of the death certificate for the deceased person prior to working on the terms of a will. In the cases concerned the legals knew the deceased (where even present at funeral), but by having the cert eliminates any element of doubt.


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## flowerpot

I agree with ebbs, same here, never heard from solicitor again.  Therefore peoples last wishes may never be carried out if it benefits others that are entitled to all by law and if a will is found they can rip it up!!


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## mercman

flowerpot said:


> to all by law and if a will is found they can rip it up!!



This is why wills have to be witnessed by two independent witnesses who are NOT beneficiaries of the will.


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## Time

That does not prevent someone not a beneficiary from destroying a will.


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## mf1

flowerpot said:


> What I always wondered and now it is personal.......If a person makes a will with a solicitor and is now deceased, he has only one surviving blood relative so therefore brother inherits all but what I was told by deceased he was leaving me something in will so I wonder how does solicitor know a person is deceased and the wishes are to be carried out?  I mean the brother of the deceased can always say he knows of no will ever made, so do solicitors have a duty and how can they know when one of their clients dies.
> Thanks



A lot of clients stay with one solicitor's firm. Many people float around solicitors. I am sure I have a hundred wills that have been replaced by clients making new wills with new solicitors! And no, they don't see any reason to tell me. 

There is a lot to be said for a centralised Wills register but can I assure you that (most) clients would be reluctant to spend whatever it would cost towards registration and maintenance of such a register. 

The key here is not the solicitor- it is the executor. A testator should appoint someone they trust and are in regular contact with as an executor and they should give them a copy of their will - in a sealed envelope, if they wish so that there is no issue likely to arise.

mf


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## huskerdu

Time said:


> This is why it is a good idea to tell people you have a will.
> 
> I seriously doubt solicitors trawl death notices looking for the names of deceased clients.



Actually, a friend of mine was had an admin job in a solicitors office and one of her jobs was to read the death notices every day.


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## Time

You learn something new everyday.

This is one of the reasons I won't have a death notice when the time comes.


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## putsch

huskerdu said:


> Actually, a friend of mine was had an admin job in a solicitors office and one of her jobs was to read the death notices every day.



Ditto - in most solicitors offices they will trawl the death notices but they will normally concentrate on the local deaths so may miss someone who had no connection to area. In addition many people make multiple wills as they get older - some of which will be with solicitors (various) and sometimes homemade. This is one of the reasons why a register could cause more problems than it might solve - I could envisage endless legal actions for the courts to decide on which was indeed the final will.


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## seantheman

putsch said:


> This is one of the reasons why a register could cause more problems than it might solve - I could envisage endless legal actions for the courts to decide on which was indeed the final will.


 
Would the documents date not prove this?


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## putsch

seantheman said:


> Would the documents date not prove this?



The date would prove which was the last one but if the last one was not registered in the the register but was made at home what use would the register be since it wouldn't be a register of the final will.


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## thesimpsons

sorry for jumping on you post but we had a similiar discussion recently.  when we made our will there was no discussion about where our banking was done or where our millions (I wish) was hidden.  what happens when someone dies and there is an account no one knows about.  Does the govt just take it back into  central funds after a period of no action or what ?  Would it be in order for some (maybe the executor) to write to head offices of bank and request if an account was in a deceased person's name ?


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## 44brendan

Time said:


> This is one of the reasons I won't have a death notice when the time comes.


 
Would the obituary read "Time passes!". Sorry, I just couldn't help myself


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## huskerdu

thesimpsons said:


> sorry for jumping on you post but we had a similiar discussion recently.  when we made our will there was no discussion about where our banking was done or where our millions (I wish) was hidden.  what happens when someone dies and there is an account no one knows about.  Does the govt just take it back into  central funds after a period of no action or what ?  Would it be in order for some (maybe the executor) to write to head offices of bank and request if an account was in a deceased person's name ?



Banks have an obligation to make an attempt to find the holders of dormant accounts. If they fail to find the holder, the money is used  by the NTMA. More information here. You, or the executor of your estate have the right to get this money back, at any time, once they prove it is your account. 

[broken link removed]

Yes, it is the right thing to do, for an exector to write to all the local banks and ask if there are any accounts in  he name of the deceased. 


My solicitor gave me a document to fill out which lists all accounts and suggested that I put it with the copy of my will and told me to make sure that the executor knows where the will is  and the list of assets. 

If you dont tell your executor where your will is, and where your assets are, and make life difficult for your family when you die, it is not the fault of your solicitor, the solicitor you used 20 years ago to make your will, the bank manager or the government, Its your fault.


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## flowerpot

But Huskerdu do you not think IF a solicitor does inform an executor of a will they should see that it is carried out (or maybe they do?).  I mean they have accepted a fee for drawing up a will.


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## huskerdu

flowerpot said:


> But Huskerdu do you not think IF a solicitor does inform an executor of a will they should see that it is carried out (or maybe they do?).  I mean they have accepted a fee for drawing up a will.



That is completely beside my point, but here is my opinion. 

The solicitor who drew up my will have no legal involvement in the execution of the will. Only the executor has.  If the executor wants or needs to use a solictor, they will engage one at the the time. 

Once the will is with the executor, the executor does not have to involve the solictor who drew it up and a solicitor who was paid €100 to draw up a will ( possibly 10 years ago or more) and who is not being paid to do any work now, has no obligation, beyond being a witness to the will.


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## Bronte

My family know where our wills are.  In addition there are guardians appointed so they too would know.  And I've a copy of the wills in my 'important documents' file.


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## flowerpot

If a solicitor tells a person they are an exector to a will, *do they by law* have to do what is requested in the will or can they walk away and do nothing?


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## Time

They can renounce and walk away.


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## beffers

flowerpot said:


> But Huskerdu do you not think IF a solicitor does inform an executor of a will they should see that it is carried out (or maybe they do?).  I mean they have accepted a fee for drawing up a will.



The drawing up of a Will, and being the Executor named in it, are often two completely different things/people. 

If the solicitor drew up the will, but someone else is named in it as its Executor, then the solicitor has nothing more to do with the case. It is then up to the executor to see that the wills instructions are carried out. He can do it all himself, or he can hire his own solicitor (or the solicitor who wrote the will) to assist him in his duties. It is all up to him to decide what to do and how to do it. The solicitor who wrote the will is out of the picture, unless he is specifically invited back into it by the Executor.  

If the solicitor was named in the will as its executor, then yes, its up to him/her to see that its contents are carried out. But if all he did was write it up, then he doesn't have anything more to do with it really after he hands it over to the Executor.


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## flowerpot

Thank you all for your replies, I know I can wave goodbye to my godmother's gift as I know her brother will sell up and fly back to Canada....he ain't the kind for giving or sharing!!!


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## Padraigb

An executor is legally bound by the will. If there is a bequest to you, he is obliged to give it to you.


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