If you have made a Will with a Solicitor or Will Writer, it is usually stored by the firm that prepared it.
This is a very sensible thing to do.
The law states that if your original Will cannot be found when you die, but it was stored by you, then you are presumed to have revoked your Will and you die intestate.
Accordingly, keeping your Will at home is a bad idea.
However, have you ever stopped to wonder where your Will is stored? Particularly if businesses or law firms change hands...
Where Do Solicitors Store Wills?
When a firm of solicitors merges with another, the new firm will store the Wills.
However, they are not legally required to notify clients of the change of firm unless the client has an open file with that firm at the time of the merger.
Storing a Will does not count as an open file, so those clients do not need to be told of a merger.
If a firm of solicitors closes down and there is no buyer, the Solicitors Regulation Authority will store the Wills and normally attempt to contact clients to return the Wills to them.
However, they may not have your current address.
Wills can end up stored much further away than you might think.
For example, the Wills of a firm that had four offices in West Sussex are now in London.
Another former West Sussex firm’s Wills are stored in Birmingham.
At Monan Gozzett, our specialist storage facility ensures that your Will is kept secure from theft, fire, or water damage.
It also means it’s easily accessed after your death, giving you peace of mind and making things easier for your loved ones.
In addition to a physical copy of your Will, we will also securely store an audio recording of your meeting with us, outlining your wishes should any challenges be made.
Where Do Will Writers Store Wills?
Sadly, none of these rules apply to Will Writers, who can be completely unregulated.
A few years ago, after a Will Writers firm closed down, the Wills they had been storing were found fly-tipped in a field!
If your original Will was stored with a firm that no longer exists, tracking down the Will is an extra task for your Executor.
Until that original Will is found or completely established as lost, your Executor cannot apply for Probate, which means it can take months (sometimes years) longer to administer your estate.
As you will have gathered by now, if the firm that was storing your Will no longer exists, there is a good chance that you will not have been told.
How To Find Out Where Your Will Is Stored
So what should you do now?
First, check which firm prepared your Will.
Then check online to see if that firm still exists.
Alternatively, you can contact us and we will happily check for you.
If that firm no longer exists or you want your Will closer to you, we can arrange for the Will(s) to be transferred to us.
We do not charge for this service or for storing Wills.
If you would like to know where your Will is stored and/or transfer it to Monan Gozzett LLP, please call me on 01903 927055, or email ssampson@monangozzett.com.
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved
If you would like to speak to our expert legal team about this, or any related subject then please contact our team by phone on 0207 936 6329, Email or by completing our Quick Contact Form below.
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved