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Author Topic: He's Lost the Will  (Read 2343 times)
4KSuited
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« on: August 17, 2017, 11:19:56 AM »

Like a responsible parent, I drafted a will after the present Mrs 4KS and I had our first child. That was quite some time ago, and although we had a second child just under 4 years later, I never got round to drafting an amended will.

Life has become complicated of late, and an amended draft has become a more pressing matter.

Imagine my surprise, then, when the solicitor who drafted the original finally contacted me by email to confess that he had "misplaced" the original and could I send him my copy.... It's a solicitor that I do not know personally, just one I was referred to when I made an enquiry about getting wills done. I have no other business with this solicitor.

I've been dwelling on this for nearly a week, and I'm at a loss as to what action to take. My thoughts so far are:

1. What would have happened if I'd met my maker before my beneficiaries had discovered he'd lost the will?
2. Should I just have a new will written by a different solicitor and just get on with the rest of my life without making waves?
3. Or should I just forgive a "human error" and send him my copy?
4. Is there another option?

Help!
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redsimon
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« Reply #1 on: August 17, 2017, 11:23:29 AM »

Like a responsible parent, I drafted a will after the present Mrs 4KS and I had our first child. That was quite some time ago, and although we had a second child just under 4 years later, I never got round to drafting an amended will.

Life has become complicated of late, and an amended draft has become a more pressing matter.

Imagine my surprise, then, when the solicitor who drafted the original finally contacted me by email to confess that he had "misplaced" the original and could I send him my copy.... It's a solicitor that I do not know personally, just one I was referred to when I made an enquiry about getting wills done. I have no other business with this solicitor.

I've been dwelling on this for nearly a week, and I'm at a loss as to what action to take. My thoughts so far are:

1. What would have happened if I'd met my maker before my beneficiaries had discovered he'd lost the will?
2. Should I just have a new will written by a different solicitor and just get on with the rest of my life without making waves?
3. Or should I just forgive a "human error" and send him my copy?
4. Is there another option?

Help!

2.
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RED-DOG
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« Reply #2 on: August 17, 2017, 11:29:19 AM »

Ask him to do the new will free of charge.
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« Reply #3 on: August 17, 2017, 09:44:45 PM »

Ask him to do the new will free of charge.

Where there's a will, there's a way,
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EvilPie
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« Reply #4 on: August 17, 2017, 10:27:54 PM »

Ask him to do the new will free of charge.

I'm guessing you don't have too many dealings with solicitors?

I wouldn't even ask this question as the answer is no and you'd just get more wound up knowing that not only are they incompetent but also soulless and unwilling to rectify their mistake.

Just get a new solicitor and move along. I've spent a lot of time stressing over bad solicitors (or good solicitors giving bad advice) and it's just not worth it as they don't care. They get their money (a lot of it) and if they make a mistake like they have with you there's literally zero consequence for their mistake.

You've just got to put this one behind you and get on as if it never happened. Just like they will.....
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« Reply #5 on: August 17, 2017, 11:05:48 PM »

Draft your new will, send it to the solicitor saying it's the original will, hey presto free new will.
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« Reply #6 on: August 18, 2017, 06:13:47 PM »

Draft your new will, send it to the solicitor saying it's the original will, hey presto free new will.

Nice idea, however he's already got a couple of emails from me a) enquiring about the process and then b) stating the changes I wanted to make.

By way of update, I decided to reply and mischievously enquired why he needed my copy of the original will if it was to become instantly redundant, and then suggested that he would have the new (simpler) one drafted foc in return for me having to send the document to him.

In any event, I appreciate the feedback, if only for the empathy that I'm getting here - something largely absent from my other personal travails. Keep it coming.
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