Many people asked a local solicitor to write their Will years ago and left the original with the firm for safekeeping. But what happens when that law firm closes? Firms close, merge and retire, so the firm holding your Will, or a relative’s Will, may no longer exist. The good news is that nobody simply throws original Wills away. This guide explains what usually happens and how to find out where a Will has gone.
Why the original Will matters
Your executors normally need the original signed Will to apply for a grant of probate. A photocopy or scan is useful for reference, but it is not a substitute. If nobody can find the original Will, your family may face delay and extra cost. In some cases, the law even presumes that the person who made it destroyed it on purpose. So it is worth knowing where you keep your original.
What happens when a law firm closes?
There are two main situations.
The firm closes in an orderly way
When a firm retires, merges or joins another practice, it should make arrangements for client documents it holds, including stored Wills. Usually the Wills go to the firm that takes over the practice, or to another firm that agrees to look after them. The firm often writes to clients. However, if you have moved house since you made your Will, the letter may not have reached you.
If the firm merged or another practice took it over, try contacting the new firm first. The old firm’s name often still appears in the new firm’s history or website.
The SRA intervenes in the firm
Sometimes the Solicitors Regulation Authority (SRA), the regulator for solicitors in England and Wales, closes a firm itself. The SRA calls this an intervention. For example, it can happen where there are serious concerns about how a firm operates. It can also happen when a sole practitioner has died or become ill.
When the SRA intervenes, it appoints an intervention agent, usually another firm of solicitors. The agent takes possession of the firm’s files and documents, including stored Wills. The agent holds the documents and deals with requests from clients for their return.
How to find your Will when a law firm closes
- Check your own papers. Look for a storage receipt, a copy of the Will or letters from the firm. These often name the firm and give a reference number.
- Find out what happened to the firm. Search the firm’s name online and check the SRA’s register of solicitors and firms. The register can show whether a firm has closed or merged, or whether the SRA has intervened.
- Contact the firm that took over, or the intervention agent. If the SRA intervened, its website and contact centre can tell you which intervention agent is handling the firm’s documents. The agent will usually ask for proof of identity before releasing a Will.
- Search the Certainty National Will Register. Many firms register the Wills they write or store with Certainty. A search can show where a registered Will was last held. There is a fee for a search.
- Check probate records if the person has died. Once the court has issued a grant of probate, you can search for and order a copy of the Will through GOV.UK.
Sometimes the Will belongs to someone who has died and nobody can find the original. In that case, the estate may need specialist advice. A.D.E. Wills does not deal with probate, but we can refer you to an appropriate professional.
Common questions
Can I collect my Will before a firm closes?
Yes. A Will you have deposited for safekeeping belongs to you. So you can usually ask for it back at any time. The firm will normally ask you to prove your identity and may ask you to sign for it.
What if my Will cannot be found at all?
If you are alive and well, the simplest answer is often to make a new Will. A new Will normally revokes any earlier Wills, which avoids uncertainty if the old one turns up later. It is also a good chance to check that your Will still reflects your wishes. This matters especially if you have married, divorced or had children since.
Is a copy of my Will legally valid?
A copy is not normally accepted in place of the original. In some circumstances, your executors can ask a court to admit a copy to probate. However, this takes time, costs money and may not succeed.
Keeping your Will safe
A few simple steps reduce the risk of losing your Will, even if a law firm closes:
- Note who holds your original Will and tell your executors.
- Also keep a copy at home, marked as a copy, with a note of where to find the original.
- Update whoever holds your Will if you move house or change your contact details.
- Finally, consider registering your Will on a national register so your executors can trace it later.
If we write your Will, our Safe Will Plan offers fireproof storage of your original and a password-protected copy. It also includes an annual reminder and release of the Will to your executors when needed. Both our plans are only for Wills written by A.D.E. Wills, and we do not store Wills written by other firms or Will writers. Our Legacy Care Plan adds registration on the Certainty National Will Register. It also includes a minor update each year and a new Will every three years.
Making a new Will
If you cannot find your Will, or it no longer fits your circumstances, we can help. We make new Wills for a fixed fee. Prices are on our Wills Pricing page. Call 01865 507174 or email info@adewills.co.uk for a free initial chat.
