Edinburgh Modern Wills help needed

[kenspeckle]

Hi Can anyone please tell me where do I apply to get a copy of a recent will I have sent emails twice to Edinburgh@scotcourts.gov.uk
but have had no reply at all
I know that the will is registered in the Books of Council and ­Session in Edinburgh
have I got the correct place ?
any help very much appreciated

[carolineasb]

How long ago are we talking about? Has the person who wrote the Will died? And, if so, has Confirmation of the Estate been issued? It may be, if the person has not died, that this is not considered public record. I understand that Confirmations are available from Sheriff Courts for a certain number of years after issue (possibly c.10 years but that would have to be checked with the Court) and at the National Archives/Records thereafter. Please also remember that Confirmation is not mandatory in Scotland so even though someone may have written a Will, Confirmation may never be needed and, even if it is, it could be months or years after the death.

[kenspeckle]

Yes person has died June this year and all I know is that the will is registered in the books of Council and Session in Edinburgh
I am in Tasmania and I just need to know where to apply for a copy of a modern will in Edinburgh bit awkward when you don't live in Scotland :0(

[carolineasb]

It may be that it is not public record. As this person only died in June, Confirmation may not have been issued as per my last post. Where did the person die? Had they been there for some time and was this their residence(domicile)? It may be worth contacting the appropriate Sheriff Court for this residence to see if Confirmation has been issued, but please remember Confirmation may not be applied for by the Executor(s) and issued for many months and sometimes years after the death.

[kenspeckle]

Thanks Caroline

I have emailed where I got My aunts will from in 2006 at least I got a record of reply of them getting the email :0) Sheriff Clerks Office in Edinburgh customerservices@ros.gov.uk
other previous family wills prior to that I got from The National archives in Scotland and ones before that on Scotland's People
Wills are such a valuable source of information
regards Lesley in Tassie

[carolineasb]

Lesley,

The thing is it's not just a Will you would have obtained from NAS, it must have been Confirmation. If there is no Confirmation, it's unlikely you will get a copy of the Will. All the Wills on Scottish People are because Confirmation was issued. Meant to ask, how did you know the Will was registered in the Books of C&S? Just because it is registered there, does not mean Confirmation will have been issued. Many people write Wills and their Wills will never be registered anywhere as there Estate is dealt with without requiring Confirmation.

Caroline

[kenspeckle]

Hi Caroline

It was in the newspaper that it said the will is now registered in the Books of Council and ­Session in Edinburgh I don't expect it to be an uncomplicated will, so maybe as you say it wont be avail yet if that is so then I know the next step I will write to his solicitor but prefer to avoid that as his charges for a copy will be sky high I imagine.
regards lesley

[carolineasb]

What newspaper was that? I've never seen anything like that in a newspaper! Did it say the solicitor had registered it? The solicitor may not even give you a copy unless they consider you are entitled.