Over the last couple of months, we know of two cases where someone has died, we hold the original Will and have been in touch with the executors either about our procedure for releasing it to them or our services if they want to instruct us to get the Grant.
We’ve then heard nothing for a while until they contact us saying the Court has issued the Grant based on a copy of the Will that they sent in.
Has anyone else experienced this? I’m hoping this is an error but the fact that it’s happened twice now is making me think… surely the court still needs the original Will?
It should only be possible under the usual route for a lost will - an application accompanied by a witness statement (and statement of truth) that the executor has searched for the original will and it could not be found.
In these circumstances, should the original will be sent to the Probate registry with a note of the date and reference under which the grant was issued (which should be accessible from the HMCTS website - Search probate records for documents and wills (England and Wales)).
My concern would be that what was submitted might not be a copy of the will held, but perhaps an earlier will (should be no problem if it is a later will that was proved).
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
I did wonder if there was a more subsequent Will to the one we hold on one of them, but in both cases, we now know it was a copy of the same Will we hold.
The Probate Service is now so inept that nothing would surprise me.
I have the opposite problem to Mark Goodson. I often apply for Grants in the estates of deceased Irish-domiciled and resident individuals. In the estates where the deceased individual died testate, the original Will is retained by the Irish Probate Office, a fact of which any experienced Probate official in HMCTS would be well aware. In those estates I submit a sealed and certified copy of the Will and Irish Grant with the Probate papers. Recently I have been receiving queries from HMCTS asking me why the original Will was not submitted. When I replied explaining why not, I was told that I should state this reason in Box 2.16 on form PA1P, which I now do. Explaining this will no doubt surprise any experienced official but may keep queries at bay from inexperienced and poorly trained officials.
The system is getting progressively worse. I am very pleased that I am not in the early days of my career!