Missing Wills from Solicitors

[Teddy1]

Hi, Could anyone offer any advice on if it’s possible for several Wills to go missing? These Wills were drawn up by a professional solicitor and there are records within the Will file to confirm that they existed and were saved electronically. Unfortunately the solicitor is now simply stating that he does not have them and has no knowledge of them? What action can I take?

[Sam101]

It may depend on how long ago the Wills were made. Do you know the date? Also, is this in relation to your other recent questions concerning you contesting your late Fathers Will?

[Teddy1]

Hi Sam,
The Wills were made in 1970’s, 2000 and 2007. These are additional Wills to the one I’m contesting.
Thank you

[echat11]

Follow the solicitors / firm complaints process, if you are still unhappy once you get a final response, lodge a complaint with the Legal Ombudsman (I'm assuming he is your solicitor).

You can also lodge a complaint with the Solicitors Regulation Authority.

[Sam101]

Good point - 'assuming you are the client of the solicitor as the client is the one to take action.

Do you have ant receipts available or proof by letters or e-mails? Did the Solicitor have the original Wills to hold?

The Law Society stipulate a minimum period that they should be retained..

[Teddy1]

Hi, thank you for your advice. I have already made a complaint to the legal ombudsman but apparently there is an 18 months wait for investigating! Do you know how long wills are supposed to be kept by the solicitor? In the Will file, the solicitor made notes stating saved to PC. but I don’t know if he kept a copy. Thanks for helping, it’s a mine field! We have started to uncover so many issues!

[echat11]

As we're talking about information / data, contact the ICO, they have chat facility.

Wills aren't normal files, they need to be kept for a substantial period of time.

[Sam101]

The Law Society state that solicitors should keep original years at least until the death and thereafter for many years as complaints often come up that need dealing with. Most solicitors keep copies for some time and the notes of when they prepared the Wills. Was it the original Wills that the solicitor was keeping?

[Teddy1]

I have no idea if it was an original Will, I only found out that the solicitor had filed a copy of old wills because it was mentioned in the file note within the Will file stating save to PC. I am a beneficiary not a client of the solicitor.

[Sam101]

As a beneficiary, you are bound by what the executors decide is best and in accordance with the Will and any letter of wishes, which are meant as a guide for the executor and a back up for action the executor may take. The executors would normally follow the wishes in the Will but a discretionary Trust could change the beneficiaries with good cause.

If Probate has been granted, the anyone can obtain a copy by application to the Probate office and paying a fee.