Solicitors no longer trading 10 January at 12:41AM in Deaths, funerals & probate 16 replies 794 views

GaryBC

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. 

RAS

Contact the Law Society if you are in England. They can tell you who took over the files.

user1977

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

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

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

Keep_pedalling said:

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

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

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.

Keep_pedalling

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.

Keep_pedalling

SiliconChip said:

Keep_pedalling said:

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

Keep_pedalling said:

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!