The Lemon Fool

Hi Folks,
We're just redoing our wills. Is it worth making any copies to give to say a second executor, my brother. If so is it best to make a signed or unsigned copy. I know how to add a 'COPY' watermark if that makes any difference.
We're not going through a solicitor as they are very simple wills and an uncomplicated family set up.

Thanks,
Ray.

raybarrow wrote:Hi Folks,
We're just redoing our wills. Is it worth making any copies to give to say a second executor, my brother. If so is it best to make a signed or unsigned copy. I know how to add a 'COPY' watermark if that makes any difference.
We're not going through a solicitor as they are very simple wills and an uncomplicated family set up.

Thanks,
Ray.

Others may caution about the dangers of having a Will not professionally prepared, but I would certainly keep copies, photocopies of the signed original. You could then write on the copies stating that they are copies taken on (date) and saying where the original is stored. Not much point photocopying an unsigned Will IMO.

To apply for probate you need to send THE original signed document. Nothing to stop you having more than one original signed document, one for each executor say. Don't forget the witness will have to sign each document too.

Photocopies are useless for actual probate, even certified copies. Ok for talking it through with the executor though, to make sure they understand your wishes. A letter telling them where the original is to be found is of more practical use.

Not sure what would happen if all they could find was a photocopy. Chaos, and a huge legal bill I suspect

Gryff

I do have copies and certainly my father (a solicitor) kept a copy. He wrote on the cover location of original etc.

Having a copy does mean that family know who are the executors at outset. If solicitors hold original and also hold information (who are beneficaries/executors) they are more able to manipulate for themselves to be appointed as legal agent to the executors, by having the copy the executors can get pricing/have informal chats with other solicitors etc before collecting the original will from party holding.

The other useful thing my father did was every 5th April he made a list of assets /liabilities that he tied into the will bundle with red tape, I knew it was in the drawer with the share certs etc (kept in paper form) and the bank stats etc in lever arch files in the unit above the desk, this enabled his draft Confirmation (Probate, for most of you) to be prepared by me very quickly post death rather than wading through everything. (With my wife's grandfather we only found out a life policy existed as there was an once a year payment from bank that there was no paperwork to support the payment, my auditing background paying dividends- generally if you trust the party's records there is less work, if there is little organisation you instead probably have to wade through everything)

raybarrow wrote:I know how to add a 'COPY' watermark if that makes any difference.

It does!

My wife has been having fun and games trying to work out whether her recently deceased mother’s will was the original or a copy of the signed original. There was no indication it was a copy but if it was an original then she and the witnesses used a pen with black ink to sign and the thick paper didn’t take an impression.

And as it was prepared by a local ‘one man band’ will writing firm who has long since retired (or died) then no possibility of checking with them.

So off to the probate office with it and they can decide if it isn’t.

gryffron wrote:Photocopies are useless for actual probate, even certified copies. Ok for talking it through with the executor though, to make sure they understand your wishes. A letter telling them where the original is to be found is of more practical use.

Not sure what would happen if all they could find was a photocopy. Chaos, and a huge legal bill I suspect

Although it's very important to store the original safely and in a place known to the executors it's not actually all that difficult to admit a photocopy to probate. I've done it on several occasions when the original has been lost, and although there has to be some research and an explanation of the efforts made to locate the original the court is not unduly demanding, and on each occasion probate was granted without any massive delay or expense.