How long must a Queensland solicitor keep my legal documents?

When a legal matter concludes, the documents in your file belong to you, but the solicitor will usually retain the file in storage. The rules governing how long they must keep those documents, and when they can destroy them, were updated significantly in Queensland to clarify the obligations of law firms.

The governing authority is section 713A of the Legal Profession Act 2007 (Qld) .

The 7-Year Rule for General Documents

Under section 713A, a law firm can destroy client documents from general legal matters (such as a finalized property conveyance, a completed family law matter, or general litigation) if all three of the following conditions are met:

1. 7 Years Have Passed: At least 7 years have elapsed since the completion of the matter to which the document relates.
2. Reasonable Efforts to Contact: The firm has made reasonable efforts to contact you (or your executor/administrator) to offer the documents back, and you could not be found or did not respond.
3. Reasonable to Destroy: It is reasonable in the circumstances to destroy the document.

The Queensland Law Society (QLS) advises that firms should not simply shred files exactly 7 years after closure without first attempting to contact the client.

Safe Custody Documents: Wills and EPAs

Crucially, the 7-year destruction rule does not apply to original testamentary documents held in safe custody, such as your:

• Original Will
• Enduring Power of Attorney (EPA)
• Advance Health Directive
• Original Certificates of Title

Because these documents are inherently designed to operate long into the future, destroying them after 7 years would not be “reasonable in the circumstances” under s 713A.

For Wills, the Queensland Law Society provides specific guidance: a firm should retain an original Will until it is claimed by the testator, requested by the executor after death, or until the firm can be absolutely certain the testator has passed away. Where the testator’s location is unknown, the QLS recommends retaining the Will for 112 years from the testator’s date of birth.

Your Right to Retrieve Documents

Your original documents belong to you. If your firm is storing your Will or Title Deed in safe custody, you have the right to request its return at any time. The firm cannot refuse to hand over your Will simply because they drafted it.