Can I have my old will back?

yesbutwhy?

I've just made a fresh will, which the executor solicitor is keeping on my behalf. The new will is completely different to the old one. With no dependents to consider, new beneficiaries have been added and some old ones ousted or their shares altered.
There is also a fresh letter of wishes to go with the new will. Again, the letter of wishes varies considerably from the old one.
The solicitors had been keeping my old will and letter of wishes. After I'd signed the new one, I asked if I could have the old will and letter to destroy, which I was fully expecting and indeed wanting to happen. A sort of ceremonial moving on, so to speak.
He said I couldn't have them, and that they keep previous wills in their system.
Do I have the right to firmly request the return of my old will? Surely it's my own fully paid for (and now obsolete) document?
I've been left feeling rather unsettled, as though the solicitor is imposing his firm's wishes upon me rather than the other way around. The tail wagging the dog despite the dog having paid the bill.

getmore4less

tell them they can keep it on their system but you want the signed original to destroy.

Hope you don't have them as executors.

AnotherJoe

yesbutwhy? wrote: »

I've just made a fresh will, which the executor solicitor is keeping on my behalf. The new will is completely different to the old one. With no dependents to consider, new beneficiaries have been added and some old ones ousted or their shares altered.
There is also a fresh letter of wishes to go with the new will. Again, the letter of wishes varies considerably from the old one.
The solicitors had been keeping my old will and letter of wishes. After I'd signed the new one, I asked if I could have the old will and letter to destroy, which I was fully expecting and indeed wanting to happen. A sort of ceremonial moving on, so to speak.
He said I couldn't have them, and that they keep previous wills in their system.
Do I have the right to firmly request the return of my old will? Surely it's my own fully paid for (and now obsolete) document?
I've been left feeling rather unsettled, as though the solicitor is imposing his firm's wishes upon me rather than the other way around. The tail wagging the dog despite the dog having paid the bill.

Don't worry the tail will certainly wag the dog when you've made a solicitor an executor in the will.


Especially with a solicitor like this, in that IANAL, but I'd have thought it was your property not theirs. But then again when a solicitor comes to act as executor, much of what was your property becomes theirs through the fees anyway.

Brynsam

If the new will is valid and they are content you were of sound mind when you made it, I can't see any reason for keeping the old one other than 'habit' and a vague (and completely unfounded belief) that it might somehow be helpful if the new will is ever disputed.

Ask them to set out exactly how the retention of the old will complies with GDPR requirements.

Maybe they could learn from this link on what to do with an old will: https://www.gov.uk/make-will/updating-your-will

Flugelhorn

i hope you haven't made them executor, alarm bells would ring as to how controlling they would be over the estate. Appreciate that you have no dependants but maybe better to start again with some other solicitor, find someone else to be executor. Then firmly request the old wills back from the original solicitor

Keep_pedalling

Flugelhorn wrote: »

i hope you haven't made them executor, alarm bells would ring as to how controlling they would be over the estate. Appreciate that you have no dependants but maybe better to start again with some other solicitor, find someone else to be executor. Then firmly request the old wills back from the original solicitor

If you don’t have any dependants and are spitting up your estate among a number of unrelated individuals then I can see why you might want to use a solicitor rather than any of the beneficiaries.

I can also understand why they don’t want to return the old will, as this would provide an opportunity for you estate to be administered under the old will should someone find it after your death. I know you said you want to destroy it, but the solicitor cannot be confident that you would actually get round to doing it. Unfortunately what people say they are going to do and what they are actually do are often very different things.

Dox

Keep_pedalling wrote: »

I can also understand why they don’t want to return the old will, as this would provide an opportunity for you estate to be administered under the old will should someone find it after your death. I know you said you want to destroy it, but the solicitor cannot be confident that you would actually get round to doing it. Unfortunately what people say they are going to do and what they are actually do are often very different things.

Then ask the solicitor to destroy it. Simple!

yesbutwhy?

Thanks all for your replies.
Dox and Keep Pedalling - I asked the solicitor to destroy the old will there and then - that's when he said no, they keep them.
I wasn't intending on walking away with it.
Having worked in legal offices for years, and witnessed solicitors ceremoniously tearing up old wills in front of clients having completed their new will, i thought that was the standard procedure. That's why I'm so puzzled and dissatisfied with the response of this solicitor.

[Deleted User]

Hi,


you don't need to leave will with solicitor,


4. Keep your will yourself

You can keep your will with your other documents, in a safe, or anywhere else you like – just make sure your executor knows where it is.

• Pros: Free.
• Cons: Risky, as the will might be thrown away or damaged accidentally.

IMPORTANT: Never attach other documents to the will with staples, paperclips or anything else. They leave a mark on the will, raising questions about whether the will is missing a part or an amendment.
This makes things more difficult for your executor, which can be costly and time consuming.
For example, they might contact one of the witnesses to attest whether the document is the one they witnessed being signed.


If you're not happy with solicitor now, do you still want him as an executor?

Keep_pedalling

Is it really worth worrying about?

If it really concerns you that much then you need new executors, which means a new will or caveat to the existing one.

Tom99

[FONT=Verdana, sans-serif]Since you will obviously have a copy of your new will, prepare another but this time naming a trusted relative or friend as executor(s).[/FONT]
[FONT=Verdana, sans-serif]Send a copy of this new will to the solicitor.[/FONT]
[FONT=Verdana, sans-serif]If your estate is complex your executor can employ a solicitor or other professional to help then administer the estate but it will be their choice.[/FONT]