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How long should I keep my parents probate papers for?.

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Edger | 09:02 Fri 18th May 2012 | Law
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My mother passed away in 2006 and my father passed away in 2009.
My father had a lady friend for a short time late 2007 / early 2008 and she left as soon as it sank in I owned half of my fathers house and was living there and I am still in it now. I was the sole beneficiary of my parents estates.
When my father passed away she came back and demanded the house but I just told her where to go putting it politely and I never saw her again.
I intend to keep the will and grant of probate but I have got 4 lever arch files relating to my parents affairs.
Would it be OK to shred these papers now as nobody has ever asked to see them.
My father passed away in January 2009 and probate was granted in May 2009.

John
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I would just put them away in a corner of the loft. If you shred them you cant get them back. Chances are you will neverneed them but you know what life is like - and you dont want to regret what you have done.
I would keep them for 10 years just in case. You don't know what may happen.
I've just been asked to produce an agreement for my Mothers house dated 1959.............keep them.
Another vote for hanging on to them. If space is really tight, you could scan photocopies and unsigned stuff but keep any original documents and anything with a real signature or written stuff on it. Me i would hang on to the lot if its only one file. WE did destroy all Mum's old utility bills and things like that but kept the confirmation of closure of accounts.
The Law society in their Practice notes suggests a minimum of 6 years then review to see if any documents need to be held longer, if you do this you will not go far wrong.
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Hi Shoota

My grandparents will / probate is in amongst my parents papers and my parents inherited the house I am in now from them.
In view of what you said it may be best to keep those papers as well. They passed away in 1969 / 70.
My great grandparents were the original owners but I do not know if their will still exists.
They passed away in 1945.

John
given that this woman clearly has no shame, she may pop up again in the future, making claims etc - and even when you die, she might crawl out the woodwork...

so keep them. its only 4 lever arch files.

double bag them and store them somewhere to keep them dry - shed, loft , garage etc.

better than regretting it.


i wonder if you could potentially pay a solicitor to sort of collate all the papers and produce some sort of single file, with just the most important ones and produce a single document that totally presents the case, with all relevant and necessary legal information in, which is signed, dated and confirmed by them, should you ever need it for evidence..? if you get my meaning

(i dont know if this is possible or 'the done thing', by the way, its just a thought, but might be worth looking into)
Hireing a solicitor to sort the file would cost an arm and a leg , just store them.
I have a part time job in a solicitors shredding old files , we have 1,000s of them !, we keep them for 10 years then they get shredded. Remember the land registry and the probate offices have the originals of those files and you can always contact them if you need copies later.
I've seen a period of 12 years mentioned (not sure from what date) where there is a house involved.
i agree, don't lose them! can you reduce them in any way meantime? x

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