We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

Solicitors no longer trading

Hi all

25+ years ago a firm of solicitors gave my parents some advice. This firm of solicitors has, at some point in in the intervening years, closed up shop. 

How do I find what happened to record of that advice? Would it have just died with the firm? Or could it have been taken over by another firm? 

Any ideas where I can find out? 

Thanks. 
«1

Comments

  • RAS
    RAS Posts: 33,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Contact the Law Society if you are in England. They can tell you who took over the files.
    The person who has not made a mistake, has made nothing
  • user1977
    user1977 Posts: 15,901 Forumite
    10,000 Posts Sixth Anniversary Photogenic Name Dropper
    edited 10 January 2023 at 12:06AM
    What sort of advice? It's quite likely that even if the firm were still trading, the file would have been destroyed by now - there isn't a general requirement to keep files that long. The SRA should have records of who took over their business (if anyone).

    You don't of course have a right to access your parents' files unless you are wearing the hat of attorney or executor for them.
  • GaryBC
    GaryBC Posts: 439 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    user1977 said:
    What sort of advice? It's quite likely that even if the firm were still trading, the file would have been destroyed by now - there isn't a general requirement to keep files that long. The SRA should have records of who took over their business (if anyone).

    You don't of course have a right to access your parents' files unless you are wearing the hat of attorney or executor for them.
    Executor! 😊
  • Keep_pedalling
    Keep_pedalling Posts: 18,170 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    GaryBC said:
    user1977 said:
    What sort of advice? It's quite likely that even if the firm were still trading, the file would have been destroyed by now - there isn't a general requirement to keep files that long. The SRA should have records of who took over their business (if anyone).

    You don't of course have a right to access your parents' files unless you are wearing the hat of attorney or executor for them.
    Executor! 😊
    Your answer is not exactly enlightening, it tells us nothing about what advice they gave. If you mean that they made a will with them then that should still be stored and you can find out who took responsibility from the SRA, however a 25 year old will is probably no longer fit for purpose so if they are able they should make new wills.
  • SiliconChip
    SiliconChip Posts: 1,498 Forumite
    1,000 Posts Third Anniversary Name Dropper
    GaryBC said:
    user1977 said:
    What sort of advice? It's quite likely that even if the firm were still trading, the file would have been destroyed by now - there isn't a general requirement to keep files that long. The SRA should have records of who took over their business (if anyone).

    You don't of course have a right to access your parents' files unless you are wearing the hat of attorney or executor for them.
    Executor! 😊
    however a 25 year old will is probably no longer fit for purpose so if they are able they should make new wills.

    Surely if Gary is now acting as executor then at least one of his parents must have died already?
  • GaryBC
    GaryBC Posts: 439 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Ok. Let's go back to the essence of my question..... 
    The firm has ceased trading, will their records have been taken on by a successor company (ie if they were bought out and taken over)? Or, if they just shut up shop and disappeared, would their records have gone into storage/archive somewhere (if so, where)?
    I'm not sure how the nature of the records or the reason I want them has any bearing on where they are. The are where they are irrespective of if anyone is interested in them. 
  • RAS
    RAS Posts: 33,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Solicitors keep records for varying times.

    A will should be kept until the donor dies. If the law firm ceases to trade, arrangements will be made to transfer that sort of document to the firm taking on it's business, and the SRA will be informed or even arrange it. 

    If you bought a house 7 years ago, and the registration was completed on the Land Registry, the background documents have probably been destroyed.
    The person who has not made a mistake, has made nothing
  • GaryBC said:
    Ok. Let's go back to the essence of my question..... 
    The firm has ceased trading, will their records have been taken on by a successor company (ie if they were bought out and taken over)? Or, if they just shut up shop and disappeared, would their records have gone into storage/archive somewhere (if so, where)?
    I'm not sure how the nature of the records or the reason I want them has any bearing on where they are. The are where they are irrespective of if anyone is interested in them. 
    It has a baring as different sorts of documents are retained for different periods. If what was given was purely advice then any records will have been destroyed after 7 years, transactional records would have been held for around 15 years, only things like estate administration, trusts and wills would be held longer than that.
  • GaryBC said:
    user1977 said:
    What sort of advice? It's quite likely that even if the firm were still trading, the file would have been destroyed by now - there isn't a general requirement to keep files that long. The SRA should have records of who took over their business (if anyone).

    You don't of course have a right to access your parents' files unless you are wearing the hat of attorney or executor for them.
    Executor! 😊
    however a 25 year old will is probably no longer fit for purpose so if they are able they should make new wills.

    Surely if Gary is now acting as executor then at least one of his parents must have died already?
    I agree, but His one word answer to the question asked by User1977 did not make that clear.
  • GaryBC
    GaryBC Posts: 439 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    GaryBC said:
    Ok. Let's go back to the essence of my question..... 
    The firm has ceased trading, will their records have been taken on by a successor company (ie if they were bought out and taken over)? Or, if they just shut up shop and disappeared, would their records have gone into storage/archive somewhere (if so, where)?
    I'm not sure how the nature of the records or the reason I want them has any bearing on where they are. The are where they are irrespective of if anyone is interested in them. 
    It has a baring as different sorts of documents are retained for different periods. If what was given was purely advice then any records will have been destroyed after 7 years, transactional records would have been held for around 15 years, only things like estate administration, trusts and wills would be held longer than that.
    Thanks for that. It's a distinction I wasn't aware of. Apologies for my terse response! 
Meet your Ambassadors

Categories

  • All Categories
  • 346.6K Banking & Borrowing
  • 251.3K Reduce Debt & Boost Income
  • 451.4K Spending & Discounts
  • 238.8K Work, Benefits & Business
  • 614.2K Mortgages, Homes & Bills
  • 174.8K Life & Family
  • 252K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.