FAQ

Important: The FAQs below were written and published before the introduction of the SRA Handbook on 6 October 2011, and may refer to regulatory material that is no longer in effect. Although they may still be relevant, these FAQs have not yet been reviewed in light of the wide-ranging regulatory changes implemented on 6 October. They will be reviewed and updated (or archived) in due course.

I am the executor of my mother's will. I requested the will from the solicitor, as my mother has gone into a nursing home. But the solicitor says "no". Is he right?

Yes.

A solicitor owes a duty of confidentiality to their client. Therefore, until your mother dies (and at that time the duty to keep matters confidential will pass to the executors), the solicitor cannot hand over the will. The solicitor could give you a copy of the will if your mother gives her written consent and has full mental capacity to give that consent. The solicitor may have to visit her to assess capacity before handing over the will.