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Ancient trust fund- should solicitor still have a copy of the deed details?

7 replies

thesandwich · 16/09/2023 14:26

Hello, hoping some of you wise ones can give me some advice.
My elderly mum recently died and I’m sorting out her affairs.
She set up a trust fund in the 1980s with an insurance company which has changed many times.
A solicitor became a trustee in the 1990s when the other trustee died. Again taken over many times.
Now despite the company reporting annually on the trust it appears neither the solicitor or insurance company have a copy of the original deed.
Is this usual?
Thanks

OP posts:
Fanlover1122 · 16/09/2023 14:30

Not usual at all, I believe there is a legal requirement to retain the docs for either 99 or 125 years (I cannot recall which one - it’s been years since I considered the point).

it sounds like a claim issue - ie where a claim is made on the solicitors PI policy. The solicitor should have a complaints procedure - in the first instance I would follow that.

thesandwich · 16/09/2023 14:54

Thank you so much. Really appreciate it. I have found a letter from the solicitor returning the original- they would make copies for files, surely?

OP posts:
Ariela · 16/09/2023 15:07

Are you sure, if the solicitor returned the original, that it isn't somewhere filed for safety?

My dad's will was lurking under files in the bottom drawer of a filing cabinet - the hanger had dropped off the rails and slid down so we couldn't see it till we emptied the cabinet

sparklefresh · 16/09/2023 15:16

thesandwich · 16/09/2023 14:54

Thank you so much. Really appreciate it. I have found a letter from the solicitor returning the original- they would make copies for files, surely?

If they returned the original then it is or was within your mother's paperwork. It was her responsibility. They might have a copy on file, but if it was from decades ago, the file might have been shredded.

thesandwich · 16/09/2023 15:20

As the solicitor was a named executor, surely they would be responsible for keeping copies?
Similarly the insurance company?

OP posts:
sparklefresh · 17/09/2023 10:59

There's no law that says the solicitors have to keep copies. If they can't find them, they can't find them. The insurance company would be a better bet but even then it's not guaranteed. It sounds as though your mother held the original, have you looked through all her paperwork?

thesandwich · 21/11/2023 18:33

Thank you to all for your advice- finally sorted- with compensation agreed from insurer! ( not without a fight)

OP posts:
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