Q&As

When is it appropriate for the Deputy to disclose a Patient’s Will?

read titleRead full title
Copyright © 2025 LexisNexis
Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP
Published on: 14 October 2021
imgtext

When an application is made to the Court of Protection under the Mental Capacity Act 2005 to appoint a deputy in respect the Patient’s (P’s) property and affairs, disclosure of any existing Will or codicil should be made (see sections 3.2–3.4 of Form COP1A).

However, it is not always possible to obtain a copy of the Will until after a deputyship order has been granted. Law Society Guidance provides that a solicitor may not disclose the contents of P’s Will without sufficient evidence that they lack mental capacity to give their consent, which may need to be determined by an order of the Court of Protection. Moreover, if P made express instructions to their solicitors before losing capacity that their Will was not to be disclosed

Oliver Auld
Oliver Auld

Charles Russell Speechlys LLP

Oliver specialises in advising UK and international clients in relation to a wide range of contentious trust, probate and other private wealth disputes. He acts for a diverse range of high net-worth individuals, professional trustees and other fiduciaries, who are involved in the management of family wealth. He also acts for clients involved in sensitive and confidential disputes in the Court of Protection. Oliver's practice predominantly involves complex and multi-jurisdictional disputes in relation to inherited wealth and assets held in English and offshore family trusts. He advises clients on claims challenging the validity of wills and under the Inheritance (Provision for Family and Dependants) Act 1975 and is experienced in acting for a trustees and beneficiaries in a wide range of contested and uncontested court applications to resolve issues that have arisen in the administrations of trusts and estates. His recent reported cases include: ' Cowan v Foreman and others [2019] EWHC 349 (Fam) ' Right Hon Gloria Wesley, Dowager Countess Bathurst v Chantler and others [2018] EWHC 21 (Ch) ' Shearer v Kevin Neal Associates Limited (2017) ' Wooldridge v Wooldridge [2016] (Case No: 3CL1022132) Oliver was recognised as 'Next Generation Lawyer' by the Legal500 in 2017 and an 'Associate to Watch' by Chambers and Partners in 2018 in the field of contentious trust and probate.

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Deputy definition
What does Deputy mean?

An individual appointed by the Court of Protection to make decisions on behalf of a protected person in respect of either their property and financial affairs or health and welfare. The duties of deputies are set out in the Mental Capacity Act 2005 (MCA 2005) and its accompanying practice'>code of practice.

Read more readmore

Popular documents

The Official Solicitor

The Official SolicitorThe Official solicitor (OS) is an officer of the Supreme Court appointed by the Lord Chancellor. The OS's staff includes a number of experienced solicitors who specialise in Court of Protection proceedings and whose experience and practical knowledge not only assist the court

Changing or ending a deputyship

Changing or ending a deputyshipA protected party (P) will come within the jurisdiction of the Court of Protection (the court) only when there is evidence of incapacity. The court is then able to delegate its authority by appointing a deputy to act on P’s behalf, under the terms of an order.The

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid