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Solicitor won't release copy of Will

A solicitor has Will and won’t release to solicitor who is acting for the estate. What can we do?

The solicitor who has the Will has no right to withhold it from the Executor’s solicitor even if fees are unpaid to the first solicitor – he/she can’t exercise a lien on the Will. It’s illegal and specifically contrary to the Professional Code of Ethics (“The Grey Book”).

Tell the new solicitor to ask the Law Society to order the release of the Will and if the solicitor is too embarrassed to do that (for example, he/she personally knows the solicitor) the Executor can ask the Law Society directly. www.lawsociety.ie

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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