Flint Bishop

Lost wills headache as law firms and will writers close

Pictured: Emma Harrison 

Wills are going missing as the present economic climate claims law firms and will writing companies as its victims.

As the companies collapse documents surrounding wills, Powers of Attorney as well as other papers kept for security reasons, are disappearing.

Emma Harrison, head of wills and probate at Solihull-based HCB Solicitors, is advising people who have made wills to check that the firm holding them still exists and that all contact details are up to date and that all executors or attorneys under a Lasting Power of Attorney are aware as to where they are stored.

Emma said: "It is vitally important that people know the whereabouts of their wills and Powers of Attorney. The problems surrounding probate proceedings when a will is lost are huge.

"Firms advise clients to keep their documents in a safe place preferably stored with the solicitor or with the will-writer", said Emma who oversees wills and probate at HCB's six offices throughout the West Midlands.

"But it's a fact of economic life that many law firms and will-writing companies have been forced to close or merge and in the process the wills and other documents have gone missing.

"For law firms regulated by the Law Society this is not generally a problem as the document stores will be transferred to another firm even though it may not be a local one. 

"Unfortunately, due to out of date details on the documents it is not always possible to notify the clients of the change in the whereabouts of their documents. For instance the wills and deeds being held by a law firm in Redditch which closed down this year were transferred to a company in Birmingham.

"With will writers who are unregulated it often means the documents are totally lost".

Emma's advice is for people to tell those storing their wills and deeds of any changes in their contact details and to advise those charged with processing the documents after their deaths, where they are stored.

"At HCB Solicitors we offer a service of retrieval. We help clients trace their documents through the Law Society and re-home them for them and at the same time offer a free review to ensure the will still meets their needs and circumstances".

 

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Article published by Midlands Business News on 15 November, 2011

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