I noticed a new name on my lawyer's offices. Turns out that the old
firm went bankrupt and the new one has not inherited any of the
bankrupt's clients.
The old firm stored my will - and are also named as my executor. What happens now?
I noticed a new name on my lawyer's offices. Turns out that the old
firm went bankrupt and the new one has not inherited any of the
bankrupt's clients.
The old firm stored my will - and are also named as my executor. What happens now?
On 09/06/2025 09:18, Peter Able wrote:
I noticed a new name on my lawyer's offices. Turns out that the old
firm went bankrupt and the new one has not inherited any of the
bankrupt's clients.
The old firm stored my will - and are also named as my executor. What
happens now?
If your "lawyer" was a solicitor then he or his successor should have notified you about what was to happen with your will. So, obviously,
approach the "new" firm and ask them.
If they claim to be unable to help you, try the SRA. https://www.sra.org.uk/consumers/problems/solicitor-closed-down/
On 09/06/2025 09:18, Peter Able wrote:
I noticed a new name on my lawyer's offices. Turns out that the old
firm went bankrupt and the new one has not inherited any of the
bankrupt's clients.
The old firm stored my will - and are also named as my executor. What
happens now?
You might be much better off getting a new will drafted, because:
1. It's not that expensive to get a new will, and it saves a paperchase looking for the old one. See https://www.sra.org.uk/consumers/problems/claim-papers/
2. Your heirs will be much better off if you appoint an individual as an executor, rather than a solicitor. This is because solicitors tend to
work out as expensive for what is mostly a painstaking clerical job. The individual you appoint can always get professional help on any legal
issues.
You say 'lawyer'. Was this a solicitor?
I noticed a new name on my lawyer's offices. Turns out that the old
firm went bankrupt and the new one has not inherited any of the
bankrupt's clients.
The old firm stored my will - and are also named as my executor. What happens now?
On 09/06/2025 09:18, Peter Able wrote:
I noticed a new name on my lawyer's offices. Turns out that the
old firm went bankrupt and the new one has not inherited any of the
bankrupt's clients.
The old firm stored my will - and are also named as my executor.
What happens now?
Doesn't the Law Society indemnify solicitors for this very type of
behaviour? Where their clients have suffered a loss through the
destruction of documents etc?
On 09/06/2025 09:18, Peter Able wrote:
I noticed a new name on my lawyer's offices. Turns out that the old firm went bankrupt
and the new one has not inherited any of the bankrupt's clients.
The old firm stored my will - and are also named as my executor. What happens now?
Doesn't the Law Society indemnify solicitors for this very type of behaviour? Where
their clients have suffered a loss through the destruction of documents etc?
This thread makes me wonder about the title deeds of a property I am responsible for.
A firm of solicitors which comprised several small offices had been
keeping the deeds and, a few years ago, was taken over by a larger
firm.
The property isn't registered at the Land Registry, so I suspect it
makes those title deeds all the more important.
On 09/06/2025 09:18, Peter Able wrote:
I noticed a new name on my lawyer's offices. Turns out that the old
firm went bankrupt and the new one has not inherited any of the
bankrupt's clients.
The old firm stored my will - and are also named as my executor. What
happens now?
Doesn't the Law Society indemnify solicitors for this very type of
behaviour? Where their clients have suffered a loss through the
destruction of documents etc?
Do you not have a copy yourself? You can lodge a Will at the Probate
Registry for a small fee. It's worth doing unless you're thinking of
changing it on a regular basis.
Pamela wrote:
This thread makes me wonder about the title deeds of a property I am
responsible for.
A firm of solicitors which comprised several small offices had been
keeping the deeds and, a few years ago, was taken over by a larger
firm.
The property isn't registered at the Land Registry, so I suspect it
makes those title deeds all the more important.
My Grandfather died in 1996, I needed access to the deeds/conveyances
for some land he inherited in 1961, the one man and a dog solicitors
he had used were taken over by a larger solicitors in the same town,
they still had all the brown envelopes complete with fancy red
ribbons and sealing wax in their cellar ...
My Grandfather died in 1996, I needed access to the deeds/conveyances
for some land he inherited in 1961, the one man and a dog solicitors
he had used were taken over by a larger solicitors in the same town,
they still had all the brown envelopes complete with fancy red
ribbons and sealing wax in their cellar ...
That experience is reassuring but unfortunately can't be guaranteed.
Does a new firm necessarily acquire the liabilities the original firm
had for safekeeping of documents?
In the corporate world, I believe a company can be somewhat selective
about which assets and liabilities it takes on.
On 13/06/2025 in message <XnsB2FD992F681971F3QA2@135.181.20.170> Pamela wrote:
My Grandfather died in 1996, I needed access to the deeds/conveyances
for some land he inherited in 1961, the one man and a dog solicitors
he had used were taken over by a larger solicitors in the same town,
they still had all the brown envelopes complete with fancy red
ribbons and sealing wax in their cellar ...
That experience is reassuring but unfortunately can't be guaranteed.
Does a new firm necessarily acquire the liabilities the original firm
had for safekeeping of documents?
In the corporate world, I believe a company can be somewhat selective
about which assets and liabilities it takes on.
It depends if the incoming organisation buys the company or just its assets/goodwill (which is the safe option for a limited liability
company).
I noticed a new name on my lawyer's offices. Turns out that the old
firm went bankrupt and the new one has not inherited any of the
bankrupt's clients.
The old firm stored my will - and are also named as my executor. What happens now?
On 2025-06-14, Jeff Gaines <jgnewsid@outlook.com> wrote:
On 13/06/2025 in message <XnsB2FD992F681971F3QA2@135.181.20.170> Pamela >>wrote:
My Grandfather died in 1996, I needed access to the deeds/conveyances >>>>for some land he inherited in 1961, the one man and a dog solicitors
he had used were taken over by a larger solicitors in the same town, >>>>they still had all the brown envelopes complete with fancy red
ribbons and sealing wax in their cellar ...
That experience is reassuring but unfortunately can't be guaranteed.
Does a new firm necessarily acquire the liabilities the original firm
had for safekeeping of documents?
In the corporate world, I believe a company can be somewhat selective >>>about which assets and liabilities it takes on.
It depends if the incoming organisation buys the company or just its >>assets/goodwill (which is the safe option for a limited liability
company).
You are correct in general, but I suspect there are specific rules
relating to solicitors, to ensure that bad things don't happen if
a solicitor retires or dies or a firm goes out of business.
Solicitors weren't even allowed to form companies (other than as
unlimited liability partnerships) until the 1990s...
On 09/06/2025 10:30, GB wrote:<snip>
</snip>
2. Your heirs will be much better off if you appoint an individual as
an executor, rather than a solicitor. This is because solicitors tend
to work out as expensive for what is mostly a painstaking clerical
job. The individual you appoint can always get professional help on
any legal issues.
Having exec'd my late wife's affairs, the last thing I'd like to lumber anyone with is all the "crooked" problems I had with settling my late
wife's affairs.
Five different banks/BSs trying to avoid / evade their liabilities.
As you write, it might be easier to start over,
On 09/06/2025 17:07, Peter Able wrote:
On 09/06/2025 10:30, GB wrote:<snip>
</snip>
2. Your heirs will be much better off if you appoint an individual as
an executor, rather than a solicitor. This is because solicitors tend
to work out as expensive for what is mostly a painstaking clerical
job. The individual you appoint can always get professional help on
any legal issues.
<snip>
Having exec'd my late wife's affairs, the last thing I'd like to</snip>
lumber anyone with is all the "crooked" problems I had with settling
my late wife's affairs.
Five different banks/BSs trying to avoid / evade their liabilities.
As you write, it might be easier to start over,
My understanding is that you should nominate a trusted individual. They
can then ask a couple of solicitors for quotes to do the actual work.
On 15/06/2025 21:54, Vir Campestris wrote:
On 09/06/2025 17:07, Peter Able wrote:
On 09/06/2025 10:30, GB wrote:<snip>
</snip>
2. Your heirs will be much better off if you appoint an individual
as an executor, rather than a solicitor. This is because
solicitors tend to work out as expensive for what is mostly a
painstaking clerical job. The individual you appoint can always
get professional help on any legal issues.
<snip>
Having exec'd my late wife's affairs, the last thing I'd like to</snip>
lumber anyone with is all the "crooked" problems I had with
settling my late wife's affairs.
Five different banks/BSs trying to avoid / evade their liabilities.
As you write, it might be easier to start over,
My understanding is that you should nominate a trusted individual.
They can then ask a couple of solicitors for quotes to do the actual
work.
If you are worried about lumbering someone with what is, as you
found, a difficult and usually thankless task, you can leave them a
specific gift in your will.
The gift can be conditional on them acting as executors - "if they
shall prove my will and act in the trusts thereof".
They can keep the gift and still subcontract most of the work to
solicitors, so choose your executors wisely.
On 10:39 16 Jun 2025, GB said:
On 15/06/2025 21:54, Vir Campestris wrote:
On 09/06/2025 17:07, Peter Able wrote:
On 09/06/2025 10:30, GB wrote:<snip>
</snip>
2. Your heirs will be much better off if you appoint an individual
as an executor, rather than a solicitor. This is because
solicitors tend to work out as expensive for what is mostly a
painstaking clerical job. The individual you appoint can always
get professional help on any legal issues.
<snip>
Having exec'd my late wife's affairs, the last thing I'd like to</snip>
lumber anyone with is all the "crooked" problems I had with
settling my late wife's affairs.
Five different banks/BSs trying to avoid / evade their liabilities.
As you write, it might be easier to start over,
My understanding is that you should nominate a trusted individual.
They can then ask a couple of solicitors for quotes to do the actual
work.
If you are worried about lumbering someone with what is, as you
found, a difficult and usually thankless task, you can leave them a
specific gift in your will.
The gift can be conditional on them acting as executors - "if they
shall prove my will and act in the trusts thereof".
They can keep the gift and still subcontract most of the work to
solicitors, so choose your executors wisely.
As I understand it, executors can not be paid for their time but this
seems to clome close to that.
Would other benficiaries be likely to suceed if they challenge the sort
of provision you describe?
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