A will is probably the most important document that any of us will ever have to write and with this in mind, the storage of wills and probate documents must be safe and secure. Rather than storing their will at home where it can be easily lost or damaged, most people are advised to store their will with their solicitor and if you work in a legal practice, you need to be aware of the best practice for will and probate document storage.
Having a clear policy on document storage is vital, especially in the case of wills and probate documents. People are living longer and this is leading to an increase in the number of disputed wills, so everyone in your organisation needs to have a clear understanding of your policy for the storage or destruction of original documents and files.
A challenge to a will can occur many decades after the estate was settled so it’s a sensible idea to keep records with every will to outline the advice which was given when the will was made. It’s much harder to defend your firm’s position if you don’t have adequate records, so having a clear document management policy can save a great deal of stress further down the line.
If you store an original will for a client that will is still their property and once the client has died, the will then becomes the property of their estate. The file which contains the will is also the property of the client although there may be some documents which can be removed if they belong to your firm.
Original wills and associated documents should be stored until after your client has died or until the original will is returned to them. It is up to your firm to decide whether your policy is to keep wills indefinitely or to put in a place a policy to keep original wills for a certain period of time, for example fifty years from the date the will was created. Whilst there is no hard and fast rule concerning the length of time you should store original wills, it is wise to exercise caution.
Should a will be revoked you must keep a copy of the will in your records. In cases where a will is challenged, it is possible that undue influence is alleged to have been made and in cases such as this, it is helpful to be able to provide copies of earlier, revoked will as supporting evidence.
Finding the space to store legal documents can prove difficult and many legal firms are turning to the services of document management companies. Off-site document storage facilities are safe and secure, whilst many document management companies offer online document retrieval systems which can be used to retrieve, copy or destroy paper documents at the touch of a button. Security shouldn’t be an issue as rigorous data protection systems are offered by reputable document management companies and it is worth shopping around to find a document storage facility designed to store legal paperwork.