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Is there a requirement to keep old wills.

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HannaJayne52 | 17:54 Wed 18th Apr 2012 | Law
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I have today received my grandparents wills, old savings books etc by registered post at my house which has surprised me as my mother is still alive.
The solicitor has retired.
They passed away in 1989 and my mother was an only child.
As everything was settled well before the end of 1990 is there any need to keep these documents in safe custody?.
I get a certain amount of safe custody space free with my bank account but this is fully utilised.
Mum has nothing in safe custody and if she did deposit anything she would have to pay.

Hanna
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I think the legal requirement is to keep them 12 years from the date everything was settled.
If the wills have been settled (especially to deaths being so long ago) then you don't need to keep them. They'll have been sent on in case for sentimental reasons you wish to do so. The sollicitor won't have wanted to just throw them leaving that upto the family to do.
If anyone is doing your family tree they might like to keep them as part of the package...
I would put them in a bottom drawer.
A will can in theory always be contested but normally it has to be done within 6 months of the grant of probate.
No court will allow this 21 years later.

Dave
There is no exact period of time that most documents should be retained. The Law Society recommends to err on the side of caution, have a look at the practice notes under File retention: wills and probate.
If you follow these notes you will not go far wrong.
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Thank you all for your advice.
I have got a fire proof metal box and will put the documents in there and just keep them in the house.
I will also scan copies of the documents onto a disk and ask a relative to store them as some solicitors keep them for 50 years.
My great grand mother passed away in 1963 and I do not know where her will is or if it has been disposed of but that is now nearly 49 years ago so I do not think that will be a problem.
I will be 87 in 2039 so I will put a note with the will saying to be kept till 2039 as I may not be alive then.
I will do the same with my parents wills but I think it is very unlikely I will outlive them by 50 years.
An interesting point is beneficiaries of wills often pay mortgages etc off with inheritance money.
If somebody did contest the will years later it could cause financial problems although I know a court is unlikely to allow a will to be contested more than 6 months after the probate is issued.
I can remember going with my mother to the building society the day after receiving part of my Great Grandparents estate to pay the mortgage off.

Hanna

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