RECOVERING YOUR DOCUMENTS AND FILES
What is the first step I should take?
Your first step is to formally request Jones Whyte to release your original documents and the entire client file related to your affairs.
- The documents and files belong to you, the client, not Jones Whyte.
- You can ask for them to be released to you directly or to a new solicitor should you decide to appoint one.
- If your case involves a Family Protection Trust, choose a solicitor who specialises in them.
- Your files should be returned to you free of charge.
Always ask for the original signed Wills, POAs or LPAs and Trust Deeds and the complete client file.
Who is entitled to request the files?
- The Client: You are legally entitled to your entire file.
- Executor: The Executor of a deceased client’s estate
- Attorney: The Attorney of an incapacitated client.
- Relatives: Relatives assisting an elderly client should have no problem obtaining the files. Draft a letter for your relative (the client) to sign, explicitly asking Jones Whyte to release the files to you. The client must have the mental capacity to sign.
How quickly should I receive my files?
Jones Whyte should provide your documentation and files within a reasonable timeframe.
This has varied from one week to several months.
- If you feel the response is taking too long, call/email them.
- A formal Data Subject Access Request (DSAR) legally requires them to respond within 28 days.
- If in Scotland, you may be told that your original Trust document is held at the Book of Sessions (Scotland). You may wish to contact the Register of Scotland to confirm this or to request an extract thereof. The registered document will show the signatories of the Deed, which may be missing from any “draft” or copy documentation you have.
- Jones Whyte have recently introduced a new process when requesting files. A Mandate form will be issued by Jones Whyte, this requires certification by Post Office (or similar), there is a charge for the certification. Once returned, Jones Whyte will process the request.
What should I do once I receive my files?
It is recommended that you review all documents that you receive for any irregularities and to ensure completeness of the documents. You need to ensure you can access the files, as they may be password protected. You may receive an electronic file (a large ‘zipped’ folder) containing various document types.
Document Everything
Keep a detailed log of all your time and expenses, including dates and money spent, related to all communications with Jones Whyte.
