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Old 6 Oct 17, 07:30 AM  
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JudyC
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Rant about Solicitors not returning a will...any advice

My dad passed away eight weeks ago, and his will and my mums will is held by a solicitor.
Five weeks ago we rang to request the return of the original will. As advised we sent a letter from Mum and the death certificate and their marriage certificate. They returned these, then rang Mum to say they wanted speak to me as I'm an executor. As I suspected they asked about dealing with probate, although I'd told them we didn't want this service. Mum has someone she knows who is going to do this for her.
The solicitors then said they said they needed a letter signed my Mum, and both myself and brother who are executors. I posted this last Friday first class.
Now when I rang yesterday they can't find the letter and asked for copies of death certificate and marriage certificates again. At this point I got annoyed and told them in no uncertain terms to just return both wills (mum also wants hers back)
Surely they have no legal right to hold on to them. They said they'd phone me back today. I said the only thing I want to hear is that both wills are in the post by recorded deliver today, and I am NOT asking Mum for certificates and a letter again!
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Old 6 Oct 17, 07:46 AM  
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Mr Tom Morrow
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I suppose it could be a number of things. Maybe a great firm but poor admin staff. Maybe they want to fully ensure all documentation is right before releasing the wills. Maybe a firm which is trying to get more work etc.

With what you have done to date I would be ringing them up and saying I will call in on a set date/time and want the wills ready for collection at reception and giving them 7 days notice that this is what I intend.
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Old 6 Oct 17, 07:54 AM  
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JudyC
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Originally Posted by Mr Tom Morrow View Post
I suppose it could be a number of things. Maybe a great firm but poor admin staff. Maybe they want to fully ensure all documentation is right before releasing the wills. Maybe a firm which is trying to get more work etc.

With what you have done to date I would be ringing them up and saying I will call in on a set date/time and want the wills ready for collection at reception and giving them 7 days notice that this is what I intend.
Well I would be at their door this morning, but we live in Cheshire and the solicitors are in Nottingham. And they have been sent all documents and letter they asked for, they returned the certificates three weeks ago. Now they are saying they haven't had them!
Later last night I remembered something else. The girl on the phone said, oh the women who deals with probate is off until next week. But we've told them we don't want them to do probate :angry:
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Old 6 Oct 17, 07:55 AM  
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They can’t hold them but they do have to make sure they’re being given over to the correct people.

We just ask people to attend at our office with a death certificate and photo ID, and hand them over there and then. I would suggest it would be worth calling in - you’re much harder to ignore or mess about in person.
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Old 6 Oct 17, 07:59 AM  
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We did exactly this for my dad's will. Myself, my mum and my sister all went along to the solicitor's and picked up the will (we all took passports and a death certificate). It wasn't a quick journey as they were based in London and my sister lives in Lincolnshire!
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Old 6 Oct 17, 07:59 AM  
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JudyC
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Originally Posted by skalexander View Post
They can’t hold them but they do have to make sure they’re being given over to the correct people.

We just ask people to attend at our office with a death certificate and photo ID, and hand them over there and then. I would suggest it would be worth calling in - you’re much harder to ignore or mess about in person.
I can see we posted at the same time, but as I said to Tom we live 100 miles away, and so does Mum. My daughter lives in Leicester, but she is busy working and packing to move to Stockholm next weekend. Or I might have asked her to go over to the solicitors.
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Old 6 Oct 17, 08:01 AM  
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Mr Tom Morrow
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Originally Posted by JudyC View Post
Well I would be at their door this morning, but we live in Cheshire and the solicitors are in Nottingham. And they have been sent all documents and letter they asked for, they returned the certificates three weeks ago. Now they are saying they haven't had them!
Later last night I remembered something else. The girl on the phone said, oh the women who deals with probate is off until next week. But we've told them we don't want them to do probate :angry:
Mmm. Sounds more and more like the admin side is at fault more so than the Solicitors who are probably blissfully unaware what is going on 'front of house'.

Not too far to go for you to collect it albeit a pain in the butt. To move things along I would.

Kate makes a valid point about photo ID. When I used a Solicitors I know very well to do the legal side regarding the sale of my late Mums flat they wanted me to produce photo ID twice.
Once when I instructed them and again when the monies were due for transfer. I found it weird as they have known me for over 30 years! But thats their rules so I was fine with that.
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Old 6 Oct 17, 08:02 AM  
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JudyC
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Originally Posted by AlisonB View Post
We did exactly this for my dad's will. Myself, my mum and my sister all went along to the solicitor's and picked up the will (we all took passports and a death certificate). It wasn't a quick journey as they were based in London and my sister lives in Lincolnshire!
Isn't it frustrating, I really lost my rag on the phone yesterday with them. Going to call again if they've not phoned me by 10am. We want the will for next Tuesday to get everything sorted. Poor Mum has had enough stress and upset.
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Old 6 Oct 17, 08:07 AM  
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Originally Posted by JudyC View Post
Isn't it frustrating, I really lost my rag on the phone yesterday with them. Going to call again if they've not phoned me by 10am. We want the will for next Tuesday to get everything sorted. Poor Mum has had enough stress and upset.
I hope you get it sorted and as you say your Mum could do without more stress at this difficult time.
I assume you are doing the Probate? It's so easy to do and sadly I have become somewhat of an expert having done it 3 times now for Parents and Father in Law albeit his was time consuming as he died intestate unexpectedly aged 44.

Best of luck.
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Old 6 Oct 17, 08:12 AM  
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JudyC
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I feel a road trip coming up this weekend, if I don't get any joy on the phone later. As I'm off work I could drive to my daughters on Sunday, then go over to the solicitors in Nottingham on Monday.
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