Tweet
A family member used a solicitor to create a will many years ago and the solicitor have kept hold of the original will. They are not the executor of the will
I have LPA (with no restrictions) and the family member has a terminal illness and has lost capacity. I'm helping them to tidy up their financial affairs and have requested the original will from the solicitor to have one less job to do down the line. No instructions provided at the time of drafting the will to prevent future disclosure and the will is very simply (leaving everything to surviving spouse)
The solicitor has refused to give me the original but can provide a copy only (which I already have). They will only release the original upon death (and production of a death certificate)
But I don't understand under what authority they can refuse to provide it now.
The SRA guidance from 2019: SRA | Guidance | Solicitors Regulation Authority does support their position:
"A property and financial affairs attorney, or a deputy, is your client's agent and the client's will forms part of the property and financial affairs which the agent is authorised to manage. This means that if there is no instruction to the contrary within the LPA, EPA or in a Court order, a full copy of the will can be disclosed to the attorney or deputy unless you have cause for concern (see the next section). You should retain the original will as part of your client's papers and in accordance with the original client agreement, unless you are ordered otherwise by the Court of Protection."
On that basis I'll just have to wait until they pass away? Or have I missed something that means I can have it now
I have LPA (with no restrictions) and the family member has a terminal illness and has lost capacity. I'm helping them to tidy up their financial affairs and have requested the original will from the solicitor to have one less job to do down the line. No instructions provided at the time of drafting the will to prevent future disclosure and the will is very simply (leaving everything to surviving spouse)
The solicitor has refused to give me the original but can provide a copy only (which I already have). They will only release the original upon death (and production of a death certificate)
But I don't understand under what authority they can refuse to provide it now.
The SRA guidance from 2019: SRA | Guidance | Solicitors Regulation Authority does support their position:
"A property and financial affairs attorney, or a deputy, is your client's agent and the client's will forms part of the property and financial affairs which the agent is authorised to manage. This means that if there is no instruction to the contrary within the LPA, EPA or in a Court order, a full copy of the will can be disclosed to the attorney or deputy unless you have cause for concern (see the next section). You should retain the original will as part of your client's papers and in accordance with the original client agreement, unless you are ordered otherwise by the Court of Protection."
On that basis I'll just have to wait until they pass away? Or have I missed something that means I can have it now
Comment