EPA: I have copy stamped by solicitor, now taken over, who lost original.

[Didling]

My wife and I both took out Enduring Powers of Attorney about 20 years ago, empowering each other. It does everything we need and so we don't need or intend to take out new LPAs. We have photocopies stamped by our solicitor stating that he has the originals. This practice closed and was taken over by another in a neighbouring town, who incidentally also added our solicitor's name to his notepaper for a while and a large sign on his door. I asked this new solicitor if he could over-stamp these (or supply new photocopies) with his own address stamp, but he is evasive and I suspect the originals have been mislaid in the transfer. I understand that a stamped copy of this type can be presented to a bank or whatever, but what is our actual position now? I really want to avoid further expenditure.

[Sam101]

You should insist that the new solicitors supply the original which they should have taken over from the retiring solicitor. If not, then it is reasonable that they should provide them for you without charge. You 'could' mention that if they will not help, then you 'may' need to send a letter of complaint into their complaints officer and should ask for the name of the complaints office. This may well jolt them into action as no solicitor wants the upset of formal complaints as they have to jump through hoops for their governing body.

[Didling]

Many thanks, Sam101. This is what I was hoping and expecting to hear. So far I have been only in telephone contact; now I will put my request in writing, enclosing a photocopy of the stamped photocopy, and press for action in the suggested manner. I'm most grateful to you for your help.

[Didling]

One final thing that has arisen out of this, before I contact the solicitor: my wife and myself in both documents are shown as living at our previous address. How does one go about having facts like that amended? Is it necessary to do so?

[Sam101]

Don't worry about the address that you were living at when the documents were done. It has no effect on the validity of the document so it doesn't need to be changed. However, if the solicitor is making new documents because he has lost the original, you could ask him to change the address as a courtesy, but you should not have to pay anything.

[Didling]

Thanks again, Sam101. I have been reading the new solicitor's Terms, and storage is limited to documents "which you have asked us to store on your behalf" and all other documents for "at least six years" after which "we have the right to destroy them"'. I will certainly write and ask whether the original EPA is in his hands; but if not, knowing that the address is unimportant, we do at least have the solicitor-certified copy of the original which I understand is generally accepted. However, as all properties, accounts and investments are jointly owned, I am wondering whether the EPA is really necessary at all, prior to probate?

[Sam101]

No need at all for Probate, but the need for the EPA is just in case one of you is unable to deal with matters. We have the same documents and hope they will never be needed,

As regards storage, we had problems with one solicitor who had our deeds, they moved offices without notification. When we tracked them down they apologised for 'missing ' us, but then a few year later they moved again without notice so we took the documents away and keep them ourselves now.