Q: I made my Will over twenty years ago with my solicitor who is a one-man band, and he has it stored at his premises ever since. He is still practicing but must be getting on for 80 at least, which makes me wonder what will happen to my Will if he dies? Should I ask him for it and store it somewhere else?
A: A great many people ask what will happen to their Will if their solicitor ceases to practice for some reason. As well as passing away it could be that the solicitor retires, or maybe the practice is taken over, or merges with another. Generally, if that happens your solicitor will have arrangements in place to protect your Will.
Provided your solicitor is governed by the Solicitors Regulation Authority (SRA), the SRA ensures that any law firm taking over a practice will write to Will holders (the persons whose Wills they are) and inform them where their Will is now being held. If your solicitor should pass away, then the solicitor’s executors will step in to return your Will back to you.
Whilst there are many different ways you can have a Will drawn up these days, having it drawn up by a solicitor is still the safest way to ensure your wishes regarding your estate will be upheld. Unlike many other areas of financial services, Will-writing is not a regulated industry. The protections offered to clients of those other than solicitors can vary hugely and it is often the case that problems come to light later on, after the Will-holder’s death. Using a regulated solicitor to draw up your Will means you are covered by a range of potentially valuable protections.
This question has been answered by Victoria Wilson, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
