Is it normal for solicitor to hold original will??!!

NOAH

Registered User
Messages
819
Had will completed today, expected a nice parchment piece of paper with seal etc, very basic but only got a copy. Is that the norm? There is no charge and they are not the executor.

noah
 
Often assumed that you want them to keep it safe. Ask them for it if you don’t.
 
Can you ask a solicitor who is holding the original to certify the photocopy of the will as being a true copy ?
 
I had my will updated last year. A simple sheet of A4 paper printed off from the solicitor's PC. However I was given the originals with both my signature and my wife's signature on hers and the original signatures of the witnesses.

It's perfectly normal unless you wish otherwise

Why is it normal?

I am not sure why they would not give you the originals? Did they ask you if you wanted the originals?
 
The solicitor held onto the original of our wills, my parents and inlaws. As suggested leave your solicitor contact details for your relatives to find when you die so they know who has your will. When mil died her solicitor sorted probate so would have needed the original will. In my parents case executor is sorting probate so will need to get the original. I have been told executor or whoever collects it will need to sign for it. Sorry to disappoint but they were all printed on bog standard paper.

ETA when we first did our will the solicitor asked if we wanted a copy. I thought he asked if we wanted a coffee and declined politely. It wasn't until we were outside that Dh told me what he'd said. I was too embarrassed to go back and get a copy. We've since changed it so have a copy of it now - :oops:
 
I had my will updated last year. A simple sheet of A4 paper printed off from the solicitor's PC. However I was given the originals with both my signature and my wife's signature on hers and the original signatures of the witnesses.

Why is it normal?

I am not sure why they would not give you the originals? Did they ask you if you wanted the originals?
As I explained it's normal for solicitors to hold onto originals so that people don't lose them and also the solicitor will have a fire proof safe. Of course one has the option for keeping them onself.
 
Had will completed today, expected a nice parchment piece of paper with seal etc, very basic but only got a copy. Is that the norm? There is no charge and they are not the executor.
Certainly my solicitor didn't want to hold on to our will. He is swamped in paper so he does not need something that might get lost easily.

As I explained it's normal for solicitors to hold onto originals so that people don't lose them and also the solicitor will have a fire proof safe.
How big are solicitor's safes? It would not be possible for most solicitor's to be holding paper for everyone.

You will find that in NOAH's case the solicitor, not being the executor was looking to do a bit of support administration for the executor when he came to collect the will.
 
Well if your solicitor is swamped in paper he doesn't sound very efficient, especially with you suggesting he might lose the will !

Yes it is a well known fact that generally the solicitor who holds the Will does the probate work.

As for fire safes, I guess size would depend on the size of the practise. If people want to hold onto their original wills then a bank box is a good idea instead.
 
Last edited:
I think for something as important as a will I will want to hold on to it myself and keep it safe.

Solicitor's are not infallible. The current will being a piece of A4 paper is a lot safer with me.
 
" Do true certified copies of wills have any legal standing?"

Yes. You will need it along w death cert to establish that you are the executor and have the right to handle the deceased affairs.
 
The vast majority of solicitors will hold client's wills for them as part of the service. Normally held in a fire proof safe. How big the safe is will depend on how many wills. I have seen many walk in safes in older practices. If you prefer to hold your own will, that is perfectly fine too.

We normally send out a draft will in the post pre signing, scan the will and keep a digital copy with back up, and keep the original in a fireproof safe, and send the testator a signed copy in the post also. Until there is a central register for wills, not sure what else we can do on a practical basis.

I have never been asked for a certified copy of a will where the disponer is alive, I can't imagine what use it would be as a will only speaks from death.
 
Back
Top