Tracking down an earlier will

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Susie2017

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A friends uncle died and it appears he changed his will dramatically in the weeks prior to his death. He had been in hospital after major surgery and had displayed major personality change and odd behaviours in the months prior. He had indicated several years ago that his will was done and that he had provided well for a niece who had helped him a lot over the years. He had dealt with solicitor A for most of his affairs, property deeds etc at that time. The second will was done with solicitor B close to his second home. My question is - I assume there is no national register of wills. Can the niece contact solicitor A and enquire as to the existence of an earlier will ? Would this contact have to be done in writing?
 
You should check with both Solicitors to see what they might hold. The most recent Will is the one that is valid. And yes writing would be the best option.
 
Unless the person contacting either of the solicitors is named as executrix in the version of the will they hold I can't see them revealing any information to someone they don't know from Adam (or Eve in this case).
 
1. There is no national register of wills.
2. Only the named executor/executrix of the will is entitled to have sight and possession of the original will.
3. An older will is superseded by a newer will. The newer will (depending on its wording), if valid, invalidates the older will.
4. No Solicitor will likely entertain any queries surrounding any will they hold unless the person making the enquiry is the named executor/executrix. Even named beneficiaries cannot access the will, unless permitted by the executor/executrix.
5. The niece will not likely get access to the older will (if the solicitor is doing their job properly).
 
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Jayom75 said:
Even named beneficiaries cannot access the will, unless permitted by the executor/executrix.
Click to expand...
And the executor/rix may only grant access to that portion of the will relevant to that particular named beneficiary, as is his/her entitlement.
 
Access is one thing.

But its hardly reasonable to refuse to answer a simple question such as "Do you hold a will for my <relative>, and can you forward a message to the exec?'
 
I agree. It would be an impossible situation for a family who didn;t know who the executor was.
If the solicitor cant tell anyone except the executor of the existence of the will, and no-one knows who the executor is , then how does the executor find out.

In my situation, we contacted the local solicitor who we believed had my fathers will. We asked if they had the will. The reply was
" We have a will for Mr Hugh Huskerdu, dated 12.12.12. The executor is Ms Mary Huskderdu. If Ms Mary Huskerdu contacts us, we will forward the will to her".
 
Thank you to all who replied. Can I ask if anyone has experience of rejecting a second will on the grounds of cognitive issues. The first will was made when the deceased was in good mental health. Second made when he had exhibited mental health issues includong cognitive decline after major surgery. There would be documented evidence of behavioral abnormalities, aggressive outbursts, cognitive decline, confusion etc in hospital and in a nursing home on dates before he made the second will. If one were to get several medical reports contesting his judgement/ capacity would it be possible to mount a successful challenge to the second will ? Would this cost a lot and what would be the process ?
 
Do you have a confirmed medical diagnosis, in writing, dated prior to the last will being made?
 
Challenging a will is a serious action and the Courts are slow to overturn. Medical evidence needs to be very convincing and legal costs will be high. The availability of expert medical witnesses will come at a cost and in many case rebuttal experts may have to be brought in from abroad. While erratic behaviour etc before the making of the will may be relevant it is the condition on the day of making the will that matters. The solicitor and staff who took the will, witnessed the will etc are vital witnesses as to the patients condition. They are not going to give their opinion, albeit non medical, that they thought anything was irregular.
 
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