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Loss of old files: wills

Question

Our firm has just merged and some of our old will files have gone astray. What issues should I consider?

Answer

Loss of a file may amount to inadequate professional service or negligence where deeds are lost, so you may need to contact your professional indemnity insurer to record the loss. You should consider contacting the client to discuss what remedial action can be taken, if any, where original papers such as wills have been lost. If a claim arises in relation to lost papers, the courts will weigh the available evidence to assess your part in the matter. For further information see the  Law Society practice note: File retention - wills and probate
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