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Access and disclosure of an incapacitated person’s will

1 March 2017
  • Property and financial affairs attorneys and deputies owe a duty when making financial decisions, so far as is reasonably possible, to consider succession plans made by the person for whom they act. Having knowledge of the contents of the will and/or codicils(s) means that the attorney or deputy is in a position to act in the best interests of the person for whom they act.
  • This guidance clarifies when a solicitor can disclose a copy of a client’s will and/or codicil(s) to a property and financial affairs attorney or deputy in circumstances where the client has lost mental capacity.  

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