Our Probate team was instructed by the family of a deceased individual who lived in Harlow, after discovering that the original Will could not be located.
The situation
The deceased had prepared their Will several years earlier using a Will Writing company, rather than a regulated law firm. When the family contacted the company after death, they were informed that the original had been lost and therefore, could not be produced.
Unfortunately, as the Will Writer was not regulated, there was no formal complaint process, no professional indemnity protection, and no clear accountability for the loss of such a critical legal document. This left the family distressed, uncertain about how the Estate could be administered, and worried that the beneficiaries would lose their inheritance.
The problem
When an original Will cannot be found, the law assumes that it may have been intentionally destroyed. This creates significant legal hurdles, including:
- The risk that the Estate would be treated as an intestacy.
- Potential disputes between beneficiaries.
- Delays to Probate.
- Increased legal costs.
- Emotional strain on the family at an already difficult time.
Although a copy of the Will existed, it cannot simply be submitted to the Probate registry without a strict legal process. The family require specialist legal advice to protect the deceased’s wishes.
Our role as regulated solicitors
The family instructed Boyletts Law – which is on the outskirts of Harlow, to act on their behalf.
As regulated solicitors, we were able to advise clearly and confidently on the steps required to prove a copy Will, including:
- Taking detailed statements from those involved in the preparation and storage of the Will.
- Preparing sworn affidavits confirming the circumstances surrounding the missing original Will.
- Liaising directly with the Probate Registry.
- Ensuring the Court were satisfied that the copy Will accurately reflects the deceased’s final wishes.
This is a higher technical area of Probate law, and mistakes can result in an application been rejected or significantly delayed. Our experience meant that the application was handled correctly and sensitively from the outset.
The outcome
The Probate Registry accepted the application, and Probate was successfully granted on the basis of a copy Will.
This ensured that:
- The deceased’s wishes were honoured.
- The correct beneficiaries inherited the Estate.
- The family avoided an intestacy.
- Further dispute and unnecessary costs were prevented.
Most importantly, the family had piece of mind during a very difficult time.
The risks of unregulated Will writers – why this matters
This case highlights the real risk of using an unregulated Will writing company, including:
- No regulatory oversight.
- No mandatory professional indemnity insurance.
- No legal ombudsman address.
- No guarantees around document storage.
- Limited accountability if something goes wrong.
When something as fundamental as a Will is lost, the consequences can be severe. Financially, legally and emotionally.
The benefits of using a regulated solicitor for Probate
Using a regulated law firm provides essential protections, including:
- Secure storage of original Wills.
- Professional indemnity insurance.
- Clear complaints procedures.
- Regulation by the Solicitor’s Regulation Authority.
- Experienced advice if issues arise after death.
Equally, instructing a solicitor for Probate ensures that complex legal issues, such as lost Wills, and disputes of unusual Estates are handled efficiently and correctly.
We understand that dealing with Probate can feel overwhelming. Our team prides itself on been approachable, compassionate and clear, taking the time to explain each step and removing as much stress as possible from our clients.
If you are dealing with Probate in Harlow, Bishop’s Stortford, or the surrounding areas and are considering making a Will, we are here to offer practical, honest advice. Please contact us on 01279 295047 or complete our contact form and we will be in touch.