SRA misfiling Wills -Has anyone's been found?

Diamond_in_the_sky

Has anyone  heard of the solicitors regulation authority (SRA) filing a Will incorrectly and finding it at a later date?

On the death of a loved one, I went to the solicitor who wrote the Will to find that the practice no longer existed. I later discovered that SRA had intervened in the practice several years previously, but have said that the Will/files of the loved one were not on the property and that the solicitor did not have a practice successor. Therefore, they have no idea where the Will is.  I can't ask the solicitor who wrote the Will because he also died some years ago. Neither my late loved one or myself were aware of the intervention or the solicitors death. It has not been found with a National Will Register search. 

My concern is that my experience with  SRA is that they can be slack. For example, each time I phone with a query, they say that they didn't intervene in the solicitor's practice even though I have already been informed that they did and have the letter informing me that my loved ones file was not found.. I then provide the reference number and they find the case.

In recently emailing with a related query, I have been informed that the date on the box of files they retrieved is a year later than they initially said, even though I have had many email and phone conversations with them in which they cite the first date.

In googling about this, I have found that others have complained in the last 2 or so years.

 Quote:

"The number of clients complaining to the Solicitors Regulation Authority (SRA) about its failure to retrieve their documents after it shut down a firm has shot up by over 50%"

And another who worked in the Law Society back in 1998 said that about half of the files were so badly misfiled that they were never found.

The Will and intervention of my loved one was made in the 1990's.

 I am not looking for advice on what will happen next, eg intestacy rules, or making a complaint. I am interested in whether anyone is aware of a lost file being found and if so, how it was found.

Thank you in advance

bobster2

I had the SRA find a will in their archives from a solicitor that had been closed due to an intervention.

It took a couple of months I think - but this was from a fairly recent intervention so maybe easier to find in their files?

Diamond_in_the_sky

Thank you for this, bobsterr2,

Within about 3 weeks, I received the letter from them saying that the file (Will) was not on the property.. When I asked if they could check under a different name (just in case), I received a response within 2 days. Perhaps they haven't looked hard enough for my loved ones because it was early 1990's and they doubt that it will be found.

bobster2

Sorry can't offer many more insights - the one thing I will add is that I know they will expedite the search if someone has died and the will is needed for probate.

If it's someone who is alive trying to retrieve their own documents - they take months!!!

Yorkie1

Just to check, are you absolutely sure that the original document was kept by the solicitor in the first place?

Diamond_in_the_sky

Yes, Yorkie1,

A few years ago, my loved one said that it was with him (said the solicitor's name) and that a copy wasn't kept in the house.. The Will had been changed early 1990's.

In googling, I have read that when the files received from SRA interventions were found to be so badly misfiled around 1998 and that no-one complained, they started shredding them. This was written by someone who worked in the Law Society at that time. As it is documented that Wills are kept by SRA for 80 years, I believe that shredding them makes this a crime unless they had distinguished between files and Wills. 

Does anyone know whether the intervention Archives store files and Wills separately? They know that I am trying to locate a Will and yet they keep referring to file.

user1977

Of course they'll distinguish between files and Wills. Files generally only have to be kept a few years (and can be stored by scanning/microfilming etc anyway), Wills should be kept, in practice, for ever.

Diamond_in_the_sky

Thank you, User1977. I have asked the Intervention archives team about this and am waiting for a response.

This is to everyone who might read this. Has anyone been told that a Will they are trying to locate is not on the property of SRA/Intervention archives team and later found that it was?