I have been approached by a firm of Solicitors in Ireland. They are dealing with the administration of the estate of someone who I prepared a Will for back in 2008.
The deceased was a vulnerable adult, living in sheltered accommodation. At the time, I satisfied myself that he had sufficient mental capacity to provide instructions and execute a Will.
The original Will was sent to the home for them to retain on his behalf. The original Will would not have been passed to him. He moved twice between then and when he died and, rather worryingly, neither of the other subsequent homes have kept details of what were passed to them by way of documentation at the time.
The original Will has now gone missing and the firm in Ireland are seeking to have a copy submitted to Probate.
Last time I had reason to apply for a Grant based on a copy of the Will, I accompanied the application with an Affidavit of Fact, explaining why the original Will was unavailable and the Registrar then granted an Order allowing the copy to be submitted to Probate. Has the procedure changed?
Do they require something from the beneficiary who would have otherwise benefitted under the intestacy rules?
Any guidance would be greatly appreciated.
Many thanks.
Martyn Dixon
Harold Bell Infields & Co