Rights of widow to claim contents of late husband’s file held by his solicitor

[Mikezoeclem]

Does anyone know whether a solicitor is bound to yield the entire contents of a dead person’s file (all documents, letters etc) if requested by eg his wife or LPA?
What grounds can they refuse such a request?

[des8]

Solicitors don't even have to release the full contents of a client file to the client himself.

Incidentally an LPA becomes void on the death of the donor

More information might draw more comments

[Mikezoeclem]

Thanks for your response. Why wouldn’t a solicitor be happy for a client’s widow to take possession of the contents of her late husband’s file? He died 8 years ago!

[des8]

As your husband died 8 years ago, does the solicitor still have your husbands file?
Some destroy files after 6 years.

Additionally, whilst data protection laws do not apply to data held about deceased persons, any duty of confidence established prior to death does extend beyond death.
Generally solicitors will maintain confidentiality so that public trust in solicitors is not undermined and will not disclose information post mortem without good reason.

[Mikezoeclem]

I will find out shortly!