Who stores a copy of my will and where is it stored?
Rebecca Mitchell-Smith, solicitor in our private client team, answers some frequently asked questions about where copies of a person’s will is stored and what happens in instances where a solicitor or law firm who drafted your will stops practising.
Where is my will stored after being drafted?
Once signed, a copy of your will is sent to you to keep with your important papers, and your solicitor will retain the original in secure storage for safekeeping. Solicitors can also store your other important legal documentation, such as title deeds and powers of attorney.
Who is responsible for storing a will?
The testator or testatrix (i.e. the person who signs the will) is responsible for deciding where their will is to be stored. A will can be stored in a secure, fireproof safe at home, or deposited with your bank (if they offer this service, although there may be a charge). Most regulated solicitors will also offer this service.
At Harrison Drury, we can store your will in secure onsite storage, free of charge. We also store an electronic copy of your will on our secure computer database, as well as providing a hard copy for you to keep with your important papers at home.
What happens if the law firm storing my will goes into administration or out of business?
This depends on whether the firm is regulated by the Solicitors Regulation Authority (SRA) or not, and there are numerous different situations which can occur. You may or may not receive prior notification of this happening or confirmation that your legal documents are being transferred to another firm.
If the SRA are involved in a firm’s closure (whether by the firm going into administration, SRA intervention leading to the firm being closed, or unexpected circumstances such as the death of a sole practitioner), you can contact the SRA who will be able to provide you with information about where your legal documents have been transferred to. If you prepared your will with an unregulated firm or trader (often will writing companies), it may be harder to trace where your legal documents have ended up. One of our previous posts looks at the dangers of using unregulated will writing services.
What if the firm that drafted my will is acquired or merges with another firm? Do I need to contact them?
Where there is a merger or acquisition, clients should receive written notification that this is happening, and an explanation as to where their legal documents will be stored going forward. This is not always the case though, unfortunately. If you know the legal firms involved, you may need to contact them directly if you do not hear anything.
If my will becomes lost, what do I do?
If it is not possible to locate your existing will, it is sensible to prepare a new one (which would include a revocation clause revoking your old existing will, in any event).
Is there a way for my dependants / beneficiaries to find out where my will is held?
Enquiries can be made with law firms/will writer companies, and a search with the national will register can also be carried out. Please note, however, that it is not necessary for all wills to be registered on the national will register, so it could be the case that your will was not registered in the first place.
Also note that it will depend on whether your loved one/dependant has authority to enquire about your will, for example, if they are an attorney appointed under a power of attorney or a deputy appointed by court order, or they are an executor acting after your death.
Our recommendation is that you store a copy of your will with your important paperwork, in a place which is clearly identifiable for your loved ones or nominated executors. It is also helpful to notify your executors and loved ones that you have made or updated your will, and to let them know where the copy and original are stored. Your solicitor will be able to provide additional copies of your will for you to pass on to your named executor(s) too if you ask them.