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  6. What should I do about lost files?

What should I do about lost files?

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

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 court will weigh the available evidence to assess your part in the matter.

For further information, please see the Law Society’s practice notes on file retention (trusts) and file retention (wills and probate).

Have you got a practice question? Call the Practice Advice Service on 020 7320 5675.

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Disclaimer: While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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