What Happens to Your Will if your Solicitors Closes?

If someone asked, would you know where your Will is stored?

When circumstances call for your Will to be brought out upon your death, it is important that those involved – your family and/or your executors – are aware of the document’s location and also their potential role in the forthcoming process.

With much to consider, logical, forward planning should bring this topic to the front of your mind.

But, for many, that isn’t always the case. Sometimes it’s through a lack of knowledge, and sometimes circumstances at a third party that can add uncertainty when you least expect it.

With the news that Samuel Phillips, a law firm in Newcastle, has closed its doors, many clients with Wills at the company will be wondering what to do next.

This page aims to offer clarity and guidance when your Will provider goes out of business.

How do I find my Will?

When you first engage with the Will writing process, the end result will be a legally compliant document. You will receive a copy of this for safekeeping in a place of your choice, and the organisation you used to assist in its creation will keep a copy for future reference.

Keeping your copy with other important financial documents is advised so it can be found by executors and family members easily.

As for the version kept by the solicitors, it may be advisable to inform family members which solicitors you used so they can be contacted when the time comes. If your chosen solicitors have shut down since, use a new firm that can assist you with transferring the Will for enactment.

My solicitors have closed, what can I do?

Although seeing the solicitors you used to create your Will closing down may be a shock to begin with – leading to inevitable confusion and uncertainty – there is also a silver lining to it. It will give you a chance to review your Will.

When a solicitor's practice has closed down or been shut down by regulatory bodies, you can approach a different legal entity to assist with your Will storage requirements. There’s a wide range of organisations that specialise in Wills; by approaching them, they can take over handling your Will and will usually take care of all of the associated tasks that go with this transferring process.

As part of this, the new solicitor will review your Will to check all details are correct; if something is not quite right, they may suggest a meeting to discuss your options and any amendments you may wish to consider.

That’s not a cause for concern. It is prudent to review your Will every five years, as your circumstances may have changed from when the Will was initially created.

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What happens when the SRA intervene?

The Solicitors Regulation Authority is the regulatory body that oversees the conduct of solicitors in England and Wales.

They have the legal power to close down a law firm depending on the circumstances surrounding the company.

If they believe legal wrongdoing is occurring as the company conducts its business, the SRA can close the organisation to help preserve documents and client monies that may be held.

What has happened to Samuel Phillips Law?

A long-established law firm, Samuel Phillips Law, unexpectedly shut down recently, leaving clients confused and facing uncertainty regarding their personal association with the company.

The SRA formally decided to intervene in the practice because “there is reason to suspect dishonesty” on the part of owner/manager Sufe Miah.

Who can I talk to about where my Will is?

By ringing our dedicated team, you’ll be in contact with an expert in the field of Wills, Probate and Trusts, someone with experience who can help you explore any scenarios around your Will.

If you’re trying to find your Will, talk to one of our team today by booking in a call. We’re standing by to help.

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What happens to my documents when a firm closes?

Often, these documents transfer to the SRA intervention archive, where they can be retrieved after a firm is closed down.

Sometimes, they may go to other law firms on the intervention panel, too, who will notify you of this. We can help you find them if you are struggling to locate them.

Simply give us a call, and we can handle the rest.