1. Purpose

 This policy outlines the procedures for disclosing information about whether a Will or Lasting Power of Attorney (LPA) is held by the firm, the individuals to whom such information may be disclosed, and the circumstances under which disclosure may occur. The firm is committed to complying with the Solicitors Regulation Authority (SRA) Code of Conduct, client confidentiality requirements, and relevant data protection legislation. 

 2. Client Confidentiality and SRA Guidance  

 As a law firm, we are bound by the duty of confidentiality to our clients, as set out in the SRA Code of Conduct. Information provided by a client in the course of professional dealings is confidential, and we will not disclose such information unless expressly authorized by the client or permitted by law.   

 The firm will also adhere to the SRA’s guidance regarding client confidentiality and disclosure of information. In particular, information about whether a Will or LPA is held by the firm constitutes confidential information and must be handled with the utmost care, ensuring that disclosure is only made in accordance with legal and ethical requirements. 

 The duty of confidentiality applies to information about our client’s affairs irrespective of the source of the information. It continues despite the end of the retainer or the death of the client when the right to confidentiality passes to the client’s personal representatives.  Family members are not entitled to this information and have no legal authority to request it. 

 3. Disclosure of Information  

 Information about whether a Will or LPA is held by the firm will only be disclosed under the following circumstances: 

• Client’s Consent: The firm may disclose information to a third party where the client has expressly authorized such disclosure, either in writing or verbally (subject to firm’s discretion and appropriate verification of identity). 

• Personal Representatives or Attorneys: Where the client has passed away, or is mentally incapacitated, information may be disclosed to personal representatives (executors) of the estate or to the attorneys acting under a Lasting Power of Attorney, provided that the individual requesting the information is properly identified and authorized to act on behalf of the client.  Evidence will be required to prove either death of the client or that the client has lost mental capacity.    

• Beneficiaries: Information may only be disclosed to potential beneficiaries (individuals or entities who may benefit under the Will or LPA) if the firm is satisfied that the beneficiary is entitled to the information, which may require proof of entitlement or other supporting documentation.  Generally, beneficiaries are only entitled to information if they are also acting as personal representative. 

• Third Parties with Legal Authority: The firm may disclose information to third parties with a legitimate legal basis to request such information, including a Court, a regulatory authority, or law enforcement agency, as required by law. 

 4. Evidence Required for Disclosure  

 Before disclosing information regarding the existence or content of a Will or LPA, the firm must ensure that it is reasonable and lawful to do so. In order to disclose such information, the following evidence may be required: 

• Proof of Identity: Any third party requesting information must provide satisfactory evidence of their identity. This may include government-issued photo ID, official documents, or other reasonable verification methods.  

• Written Authority or Instruction: If disclosure is being made based on client consent, the third party must provide a written request or a copy of the client’s signed authorisation, which may be subject to verification by the firm.  

• Death Certificate (where applicable): If the client has passed away, the firm may require a certified copy of the client’s death certificate to confirm the individual’s death before releasing information to any third party, including personal representatives or beneficiaries.  

• Proof of Appointment: Where the person requesting disclosure is acting on behalf of a client (e.g., as an executor or attorney), appropriate evidence of their appointment (e.g., Grant of Probate, original or certified copy of a Power of Attorney) must be provided.  If the firm are in possession of the original documents they may waive the requirement to provide this evidence providing the above evidence is deemed satisfactory. 

 5. Record Keeping  

 The firm will maintain a record of any disclosures made under this policy, including the recipient of the information, the reason for disclosure, the evidence provided, and the nature of the request. These records will be kept in accordance with the firm’s data protection policies and legal retention requirements. 

 6. Exceptions to Confidentiality  

 In certain circumstances, the firm may be required to disclose information without the client’s consent, as outlined in the SRA Code of Conduct and relevant legislation. Such exceptions may include, but are not limited to: 

• Legal Obligation: Where disclosure is required by law or regulation (e.g., Court Order, statutory duty).  

• Public Interest: In cases where disclosure is in the public interest, such as in preventing fraud or addressing significant harm to an individual or the public.  

7. Conclusion 

 This policy ensures that all requests for disclosure of information related to Wills and LPAs are handled in a consistent, transparent, and legally compliant manner. The firm is committed to maintaining client confidentiality and safeguarding the sensitive information entrusted to us. 

 Review and Updates 

 This policy will be reviewed periodically to ensure it remains compliant with relevant laws, SRA guidance, and best practices in data protection and client confidentiality. 

March 2025