Hello,
My siblings and I recently discovered that our estranged father passed away in 2004 and through some exhaustive searching, we have discovered that the Solicitors that were holding his original Will, have destroyed it.
Their statement was that due to law requirements, they are free to destroy documents after being held for 7 years.
My question is, what are they are required to do by law?
I know they aren't required to keep it, but would it not be general practice to back it up digitally (disc or online) or to send the documents to the Q.L.S.?
If not and they are free to destroy an original will, outside of probate, is there any way we can track down if the estate was executed correctly and if there would be a copy of the will out there somewhere?
I recently contact the ATO to get documentation from them regarding his affairs, and they told me they were only able to release said information to the executor of the will.
Which can't be verified since the original will no longer exists.
I ask for options outside of probate because I've searched it and the executor at the time can only remember vague details, one of which, was that my fathers estate was more debt than asset so no probate would have been filed.
I am hoping that someone out there may have other avenues for finding said information or know of people to ask.
Thank you for any and all assistance.
My siblings and I recently discovered that our estranged father passed away in 2004 and through some exhaustive searching, we have discovered that the Solicitors that were holding his original Will, have destroyed it.
Their statement was that due to law requirements, they are free to destroy documents after being held for 7 years.
My question is, what are they are required to do by law?
I know they aren't required to keep it, but would it not be general practice to back it up digitally (disc or online) or to send the documents to the Q.L.S.?
If not and they are free to destroy an original will, outside of probate, is there any way we can track down if the estate was executed correctly and if there would be a copy of the will out there somewhere?
I recently contact the ATO to get documentation from them regarding his affairs, and they told me they were only able to release said information to the executor of the will.
Which can't be verified since the original will no longer exists.
I ask for options outside of probate because I've searched it and the executor at the time can only remember vague details, one of which, was that my fathers estate was more debt than asset so no probate would have been filed.
I am hoping that someone out there may have other avenues for finding said information or know of people to ask.
Thank you for any and all assistance.