It’s a question that comes up more often than you might expect.
A loved one passes away, and someone says, “The Will is with a particular lawyer, so we have to use them.”
It sounds logical. Even practical. But in most cases, it’s not quite right.
Because while a lawyer may hold the original Will for safekeeping, that doesn’t mean you are required to engage them to administer the estate.
And understanding that distinction can give you a little more space to choose what feels right for you.
Why this assumption happens
When a Will is stored with a law firm, it’s often because the person who made the Will trusted that firm.
They may have had a long-standing relationship. They may have felt comfortable with the advice they received.
So when the time comes, it can feel natural to continue with that same firm.
Sometimes, it’s also presented as the “next step”: retrieve the Will and continue with the same lawyer.
There’s nothing inherently wrong with that.
But it’s not the only option.
What the law actually requires
From a legal perspective, the key role in administering an estate sits with the executor, the person appointed in the Will.
The executor is responsible for:
- gathering the estate assets,
- dealing with liabilities, and
- distributing the estate in accordance with the Will.
As part of that role, the executor can choose to engage a lawyer to assist them. But importantly, that choice sits with the executor. Not with the firm who holds the Will.
Why you might choose to stay
There are many situations where continuing with the lawyer who prepared or holds the Will makes sense.
They may already be familiar with the document and the circumstances surrounding it. They may have acted for the person who has passed away for many years.
There can be efficiency in that continuity.
And if the relationship feels right, it can be a very good option.
Why you might choose differently
There are also times where a different choice may feel more appropriate.
You may want someone closer to you geographically. You may prefer a different style of communication or approach. There may be complexity in the estate that requires a particular focus or expertise.
Or sometimes, it’s simply that you would like to speak with someone and see how it feels before deciding.
That’s okay.
You are allowed to make that choice.
It comes back to fit
As with many areas of law, this isn’t really about what you “should” do.
It’s about what feels like the right fit for you in the circumstances.
Administering an estate can involve both practical responsibility and emotional weight.
You may be navigating grief while also managing tasks that are unfamiliar.
The lawyer you choose will influence how that experience feels.
Whether it feels structured or overwhelming.
Whether communication feels clear or confusing.
Whether you feel supported as you move through each step.
A gentle note on process
If you do decide to engage a different lawyer, the process is usually straightforward.
The original Will can be requested from the firm holding it, typically by the executor, or with appropriate authority.
There may be some identification requirements or documentation involved, but it is generally not a difficult step.
What matters most is that the process continues in a way that feels manageable and clear.
This reflects a broader principle
This question often sits within a larger theme.
Whether you are:
- choosing a lawyer for estate planning,
- deciding who will assist with administering an estate,
- navigating a family law matter, or
- working through a surrogacy process,
you are not locked into a particular path simply because of where something started.
You have the ability to choose who supports you moving forward.
You don’t need to rush the decision
It can feel like things need to happen quickly after someone passes away.
And there are steps that do need to be taken.
But choosing the right support doesn’t need to be rushed.
Taking the time to have an initial conversation, to ask a few questions, and to get a sense of how things feel can make a meaningful difference.
A final reflection
So, do you have to use the lawyer who holds the Will?
In most cases, no.
You can choose to continue with them. Or you can choose a different path.
The more helpful question is this:
Who is best placed to guide me through this process in a way that feels clear, steady, and supported?
Because when you find that, the administration of the estate becomes not just something you manage, but something you can move through with confidence.
