Has the firm that drafted your Will closed down? Don’t panic! There are still ways to locate and obtain your Will.
Our Wills Lawyers explain what may happen to your Will and other original documents in this situation.
Is your Will still valid if the drafting firm has ceased trading?
The short answer is yes.
As long as the Will was correctly signed and witnessed in accordance with Section 9 of the Wills Act 1837, it remains legally valid unless it is later revoked or replaced.
To be valid, a Will must be signed by the person making it (the testator) in the presence of two independent witnesses who must also sign the Will.
A change in the trading status of the firm that created the Will would have no impact on the document’s validity.
However, the main issue would be locating the original Will.
This is particularly important as the original document would be needed upon your death if a Grant of Probate is required in your estate, but also if you wanted to update your Will following a change in your circumstances and/or wishes during your lifetime.
What might happen when the firm closes and what can you do to retrieve your documents?
- In an ideal scenario, you will receive a letter from your previous firm or the authority that has closed the firm. This letter will usually inform you that the firm has closed and which firm, if any, is taking over the storage of any original documents the firm was holding.
You can make contact with the successor firm to check whether they are holding your Will. If no such firm has been appointed, you may instead revert to the sender of the letter for more information. - If you are not notified that the firm has closed down, you should conduct your own investigations. This may include checking your personal records, including any correspondence you had with the firm, to ascertain whether they mentioned a specific document archive location.
You may also search the internet to see if the practice was sold or merged with another law firm. If this is the case, you may decide to contact the new firm for advice on where to find your Will. - You may find that the firm was closed by the Solicitors Regulation Authority (SRA). When this happens, the SRA usually arranges for the firm's original documents to be transferred to another firm for secure storage. Therefore, you may find it beneficial to contact the SRA to explain the situation and ask where your Will may now be stored.
- If these investigations prove fruitless, however, you might finally wish to consider conducting a Will Search. This may reveal where your Will is held if your Will was registered with The National Will Register at the time it was made. However, this is not compulsory nor it is a legal requirement to register a Will, so not all Wills are registered with The National Will Register.
A Will Search Combined also searches for unregistered Wills by conducting geographically targeted searches amongst law firms and professional Will writers. These searches come at a cost typically ranging from £65- £140. If there is a positive match following a search, the law firm or Will writing organisation is notified and provided with the contact details of the person searching for the Will. The firm will then contact you to confirm their requirements for releasing your Will to you.
Why is it important to locate your original Will?
Your Will dictates who administers your estate after you die, who will inherit what, and when they will inherit it.
It is not just a piece of paperwork; it is a legally binding document protecting your wishes and your chosen beneficiaries after your death.
It is therefore important to know where your original Will is stored and how to access it if needed.
During your lifetime, you may wish to make changes to your Will as your family or personal circumstances change.
For example, you may wish to update your Will after purchasing a new home, so that you can set out who your property would pass to upon your death.
It will also help the executors of your estate after your death as they will need to know where your original and most up to date Will is located so that they can distribute your estate in accordance with your final wishes.
What happens if you cannot locate your Will?
If you have exhausted your efforts to locate any existing Will, feel free to get in touch!
We will help you draft a new Will in line with your existing wishes.
We can also arrange for your new Will to be securely stored in our facilities so it can be easily retrieved when needed in the future.
Still Can't Find Your Will?
If you've contacted the SRA, the Law Society, and the Certainty National Will Register and your will still hasn't turned up, don't leave things to chance.
Our Wills, Trusts and Probate Team can help you make a new, legally valid will so your wishes are protected. We'll also make sure it's stored safely, so this doesn't happen again.
0161 941 4000
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Acacia Spencer
Solicitor Apprentice
Acacia joined Myerson in September 2024 after finishing her A-Level studies at Fallibroome Academy sixth form with straights A’s.
She has recently completed her first legal seat, in which she assisted the Residential Property Team for a year.
Acacia will now move on to assist the Wills, Trusts & Probate Team until September 2027.
Throughout the 6-year apprenticeship programme, Acacia will work with various legal teams before qualifying as a solicitor in 2030.
About Acacia Spencer