probate and wills

livefortoday

have i the legal right to get an original will from a solicitor. i just want to know if my solicitor can get the original will off the irish solicitor that drew it up as i want my solicitor to apply for probate.

nuac

If you are the executor named therein, yes

livefortoday

my father was the executer but he is died since intestate so my mother wants the will

dats_right

Was there a substitute executor?

Genealogy_Guy

livefortoday wrote: »

my father was the executer but he is died since intestate so my mother wants the will

Quite possibly, the father was the executor as well as being a beneficiary. As he has now died it is usual practice to settle the estate that he would have benefited from, before settling his own estate.

Ideally the will would have specified alternate executors. If it didn't, then close relatives can apply for a type of probate called 'letters of administration with will annexed'.

Any application for probate can be done by the executors or close relatives themselves. There is no requirement to use a solicitor. But if the estate is complicated, it can be of benefit to discuss with a solicitor on what they would charge to take care of applying for probate.

Regards
Genealogy Guy:)

December2012

Is there another executor? They can take the original will (I'm presuming the testator has died?)

Who is the beneficiary of the residue?