What happens to wills when a solicitor closed down?

It’s one of the more common questions we’re asked. “What happens to wills when a solicitor closed down” or “what happens to my will if my solicitor has passed away”.  In most cases, you should be protected and there’s no need for worry.  Indeed having your will written by a solicitor is widely said to be the safest way to have your wishes honoured.  Indeed people like Money Saving Expert Martin Lewis often warn about the risks of not getting your will written by a solicitor.

What happens to wills when a solicitor closed down?

If, and this is really important, the solicitor in question is governed by the Solicitors Regulation Authority (the SRA), as we are, then you have no need for concern.  Our governing body ensures that if we close or sell the firm to another solicitor, the new firm will write to the will holder to confirm that they now hold the will.

What happens to my will if my solicitor has passed away?

In this instance, the Solicitors executors will step in to send the wills back to the clients.

Be careful, not all wills are regulated

Unlike many areas of financial services, will-writing is NOT a regulated market. This means there are a number of different ways to get a will, but the protections you have if something goes wrong can vary hugely, depending on who writes it.

Confusingly, while will-writing itself is unregulated, because solicitors ARE regulated professionals, if you use them you ARE covered by a range of potentially valuable protections. With other (non-lawyer) will-writing services, you do NOT have the same safeguards, and with a DIY will, essentially you’re on your own.

So who writes your will matters – the protections can vary hugely and problems may not come to light until after your death, which could be many years later. The safest means of getting your will arranged, therefore, is with a Solicitor so you are protected by the regulations that they operate under.

Looking for a will

If you are looking to have your will written, by a solicitor, we can help.  We have options depending on your specific needs, and can even offer a free simple will writing service in partnership with our charity partners Cancer Research UK and The Alzheimers Society.  If, for any reason, you are unable to get into our Bamber Bridge branch this can even be done via zoom video call or with a home visitGet in touch if you’d like more details.