I recently visited a law firm to ask for my will, which was created 15 years ago, but was told they couldn’t find it. I went to another firm to prepare a new will, and it was discovered that the home in which I’ve resided for most of my life isn’t in both my and my late husband’s names, so my late husband’s will is required to change the property deed. I called the original firm and was told they can no longer talk to me because I have a new lawyer. In fact, one of the partners there told my new lawyer that I wasn’t to call their office again. Either they have lost both wills or simply refuse to release them, even though I feel they are legally mine. How do I proceed?
This could get extremely messy before it’s resolved. First, that original firm certainly should have a legal responsibility to retain wills entrusted to them. If the wills have been lost, the firm could face a lawsuit—as well as censure for negligence. That may be the reason they have clammed up and are hoping you’ll just go away.
Do you have concrete evidence that they were custodians of both wills? That could be important.
On the face of it, your new lawyer should be able to provide a solution. It could mean a costly (for you) court action, but those costs should be recoverable.
Failing that, I think you should seek a third legal opinion and then perhaps file a complaint with Le Barreau du Québec, which oversees the legal profession in your province.
