Jordan Rodwell, Solicitor in the Wills, Trusts & Probate Department at Fosters Solicitors in Norwich regularly recommends Estatesearch’s Will Search to personal representatives during the estate administration process.
Jordan Rodwell explains: “I was recently working on the estate administration of an elderly couple who sadly passed away within just a few days of each other. The husband left a valid Will which was safely stored with Fosters, but there was no known Will for his wife. The couple’s children were acting, therefore, as executors under their father’s Will and as Administrators of their mother’s estate in accordance with the rules of intestacy.
“I advised the children to conduct a Will search at the outset, but they were uneasy and chose not to go ahead, feeling sure that if their mum had written a Will then she would have told them.
“From dealing with many probate cases over the years, I know that it’s never possible to be one hundred percent sure and also how, particularly in later life, few people like to discuss issues of Wills and death. It’s understandably a hard conversation to have.
“When we were about to apply for the Grant of Letters of Administration, I suggested one last time that a Will search should be undertaken as this was really the final opportunity, to which the children agreed. We completed a Will search, and low and behold, a recently prepared Will was discovered which the children were never told about.
“Fortunately, this Will did not alter the estate administration in any substantial way except to make the process quicker and easier. The deceased’s children now had complete peace of mind that their mum’s wishes were being followed.
“This matter highlights the big ‘what if’ scenario in estate administration and clearly demonstrates that you should never work on assumptions. As best practice, I now advise a Will search is undertaken for any estate administration matter where there is uncertainty as to whether we are in possession of the deceased’s last Will and Testament.”
For further information about Fosters Solicitors please see: https://fosters-solicitors.co.uk/
Originally Published on Todays Wills & Probate.