Question:
Dear Elaine
I made a Will a number of years ago with a local Solicitor, he provided me with a copy of the Will and I left the original with him. I have noticed that his office has closed down and I am now unsure as to the location of my original Will. Is this an issue or can my executor use the copy Will after I pass away?
S.
Answer:
Unfortunately, there is no public Wills registrar in Ireland. In this instance, I would advise contacting the Law Society of Ireland to ascertain who took over the solicitors practice. Usually, when a solicitor is retiring, they write out to their clients and afford them an opportunity to take up their original Will before they transfer the said Will to another firm.
If you are having trouble locating your original Will and or the solicitor who took over the practice, I think it prudent to attend with a new solicitor and create a new Will.
If you cannot locate their original Will and you do not get an opportunity to make a new Will, all is not lost. An executor can make an application to Court to administer the estate as per the copy Will however this application may be or may not be successful and it will have a cost implication to the estate.