What Happens if the Solicitor Holding My Will and LPA No Longer Exists?

For many people, storing their original legal documents with their Solicitor feels like the best way of guaranteeing they are safe – but what happens when the Solicitors holding your documents are no longer there?

Change of Address

It may be that your Solicitor has merely relocated.  The Solicitors Regulation Authority could hold information as to any new address or alternate branch offices.

Merger

If your Solicitors have merged with another law firm, the new firm should take over the holding of your original documents and would usually contact you to confirm the same.

Closure

If a sudden closure has prompted intervention by the Solicitors Regulation Authority, the SRA would seize any original documents.  The documents would be considered by their archive team and either stored with the SRA themselves or assigned to another firm to hold on your behalf.

If the SRA do not hold any information, The Law Society may be able to assist in tracing original documents. 

National Wills Register

If your Will was registered, the National Wills Register may hold information as to where the original has gone following a firm ceasing trading.  The National Wills Register also offer a tracing service for Wills, this is a chargeable service which would involve contacting all firms within a designated area and requesting that they check their archives for any documents under your name.

New Wills

If, after contacting the above, you are unable to trace your original Will, it would be advisable to contact a reputable local Solicitor and put a new Will in place.

Office of the Public Guardian

The Office of the Public Guardian have a scan record of all of the registered Lasting Powers of Attorney.  If you were to lose capacity the Office of the Public Guardian could provide a certified copy of the Lasting Power of Attorney to allow your Attorneys to step in.