My husband passed away and I have a copy of a will. It was made in 1993. The solicitor is closed down. What do I do now?
Ms M.D., email
I’m not sure of the circumstances here but there are all sorts of possibilities. The will you have dates back 27 years so it is quite possible that the practice is no longer operating. It may have merged, been sold, or simply have been wound up.
Practices come and go, especially small one man or woman operations. It can be difficult, especially outside the cities to persuade family or someone else to take over a practice as a going concern. But, as a rule – as I know having been through this on more than one occasion – the solicitor will notify all clients if they intend to close down, or indeed if they have been elevated to the judiciary.
And, according to the Law Society, which self-regulates the sector, that is what they are supposed to do.
They are also supposed to notify the Law Society itself in writing so that, as it tells me, records can be kept up to date or that they can answer queries from former clients about the whereabouts of files.
“When a sole practitioner ceases to practise, or all the partners in a partnership cease to practise, prompt notification to the clients of the firm should be made,” the Law Society guide for solicitors winding up their practice states. “It is then a matter for each client to decide to instruct a new solicitor.
Authorisation
“It would not be proper for any firm to take over the affairs of a client, including money and papers held, without the client concerned first providing their written authorisation to do so.”
So when he was closing down, this solicitor should have told you – or rather your husband if he was the client.
Maybe he or she did and your husband simply forgot either to mention where he had moved his affairs, or never got around to noting it down. Or maybe he or she didn’t, which is both irritating and wrong.
With the very limited information here, it is impossible to read but it sounds as though the solicitor’s practice closed without him properly notifying all his clients. Or he did and your husband forgot to note down or pass on the information.
Obviously, in your position, you are understandably keen to find out who holds the original of the will.
My suggestion – and indeed that of the Law Society – is that you contact them. They say that any member of the public can contact the society “for information relating to a closed solicitor practice and lost files”. They should have the records and should be able to point you in the right direction.
The relevant email for your query is regulation@lawsociety.ie. Keep the query nice and simple, just as you did in your note to me – but do give them the name and any other details you have for the solicitor such as where he worked.
If you don’t get sorted, feel free to come back to me.
Please send your queries to Dominic Coyle, Q&A, The Irish Times, 24-28 Tara Street, Dublin 2, or email dcoyle@irishtimes.com. This column is a reader service and is not intended to replace professional advice. No personal correspondence will be entered into.
