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What to do if your Will is stored with a firm that has ceased trading

Making a Will, or updating an existing one, can be on our minds for a while before we finally get round to it, though once it has been drafted and signed we often feel a sense of relief that “Will!” can be ticked off the to-do list, for a while anyway!

But sometimes the solicitor firm holding your Will closes down. What happens then if you want to update your Will, or make a new one? Or maybe you’re an executor for a loved one or friend who has sadly died?

Discovering that your solicitor has closed their practice can be unsettling—especially if they were holding your original Will. Fortunately, there are steps you can take to locate and secure your Will, or track down the Will of the person you are executor for.

Note to Executors: you will need to provide ID to confirm you are the named Executor, and (if relevant) demonstrate permission from any other Executors, before a Will will be released to you.

1. The Solicitors Regulation Authority (SRA) can help

Your solicitor might have just moved in the years since you last used them. You can check on the SRA Solicitors Register to find out if they have changed address.
See SRA  Solicitors Register

If you cannot find the firm at all it is worth contacting the SRA with any relevant information. In some circumstances the SRA will ensure that arrangements are made for the safe transfer of client documents, including Wills, after a solicitors firm closesThe SRA may also have appointed another firm to take over the closed solicitor’s files.

Checking a solicitors records in the SRA’s consumer FAQs lists up to date contact information for the SRA and helpful information for you to send them, if you have it.
See  SRA FAQs for consumers of legal services

2. Contact The Law Society

If the SRA have no record of the firm then the Law Society library may be able to help you trace the firm. You can fill out a form on their website or indeed obtain a non-member pass and visit the library. Note that there are charges for both these options.

See Dealing with someone’s affairs when they die | The Law Society  and How to find past solicitors and law firms | The Law Society

3. Search the National Will Register

If the Will was registered, the National Will Register can help you locate it. Even if you’re unsure whether it was registered, a search might still yield results. There is a charge, which depends on the level of search you choose.

See: The National Will Register

4. Reach out to local Law Societies

Local law societies may have information about the closed firm or where its documents were transferred. They can also guide you on next steps if the SRA has no record of the firm. The Law Society provides a list of these groups.

See: The Law Society: local law societies

5. Consult a new solicitor

If you’re unable to locate your Will or want to ensure it’s up to date, consider consulting a new solicitor. They can help you draft a new Will and securely store it. Once completed and signed you should ensure your executors are fully aware you have made a new Will and where it is stored.



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