What happens to my files if my attorney dies? If your deceased attorney was part of a law firm or law partnership, that firm would maintain custody of your file. If your deceased attorney was a sole practitioner, you will need to obtain new counsel.
For these reasons it is recommended that a lawyer retain a file involving the administration of an estate or trust for a period of at least 15 years after the date that the estate has been finally distributed or the trust fully administered.
If a law firm is sold, the Law Society of NSW should be informed who the new owner is and documents (including wills) held in safe custody should pass to the new owner. If the firm closes without selling the practice, documents they held in safe custody can be stored by the Law Society of NSW.
Are lawyers required to keep duplicate copies of Wills and Powers of Attorney or other original documents? Some lawyers retain original Wills and Powers of Attorney as a service for their clients, but they are not obligated to do so.
Who is Entitled to See a Will? Before a testator passes away, he or she is generally not required to share the contents of his or her Will with anyone. However, once the testator dies, any person listed in the Will as an executor or beneficiary is entitled to see it.
If a solicitor writes your will, they will usually store the original free of charge and give you a copy – but ask them to make sure. Most solicitors will also store a will they didn't write, but there will probably be a fee.
There is no specific amount of commission an Executor is entitled to. However, the court will typically award a commission in a lump sum or percentage of the estate. Here is an estimate of the ranges: 0.25% to 1.25% of the value of transferred assets.
Typically, the Executor of a will needs a Grant of Probate from the Supreme Court to gain access to some assets of a deceased person. But, there are some situations when Probate is unnecessary in Australia.