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Subject Access Request to solicitors

Anyone had any experience of submitting a Subject Access Request to a solicitors firm to obtain documents in a deceased person's will file for any references to themselves?

Is a document disclosed in full, with just the names and identifying particulars of 3rd parties redacted?

Comments

  • jewellery10
    jewellery10 Posts: 43 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    What are the legal implications for an Executor not agreeing to disclose any estate documents in response to a Larke v Nugus disclosure request?

    Any valid reasons for not doing so?
  • marcia_
    marcia_ Posts: 3,703 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    Anyone had any experience of submitting a Subject Access Request to a solicitors firm to obtain documents in a deceased person's will file for any references to themselves?

    Is a document disclosed in full, with just the names and identifying particulars of 3rd parties redacted?
     Your information won't be visable and you might not have the right to request their personal information because you are not the party and can't have permission to act on behalf of the deceased 
  • Keep_pedalling
    Keep_pedalling Posts: 21,752 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 13 October at 10:33AM
    None, they are under no legal obligation to reply, but if failure to do so resulted in costly litigation they could be hit with paying some of those costs.

    https://www.jmw.co.uk/services-for-you/will-disputes/larke-v-nugus-your-questions-answered
  • silvercar
    silvercar Posts: 50,088 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    marcia_ said:
    Anyone had any experience of submitting a Subject Access Request to a solicitors firm to obtain documents in a deceased person's will file for any references to themselves?

    Is a document disclosed in full, with just the names and identifying particulars of 3rd parties redacted?
     Your information won't be visable and you might not have the right to request their personal information because you are not the party and can't have permission to act on behalf of the deceased 
    OP is looking for reference to themselves, not of reference to others. So if there were correspondence about the OP in discussion about their inclusion (or not) in a will, would they have the right to see the documents?
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • SiliconChip
    SiliconChip Posts: 1,954 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Wills are a matter of public record once probate is granted, so if that's the case there shouldn't be any need to go through the rigmarole you are suggesting.
  • Wills are a matter of public record once probate is granted, so if that's the case there shouldn't be any need to go through the rigmarole you are suggesting.
    OP's previous posts may shed some light on why they are asking.


  • marcia_
    marcia_ Posts: 3,703 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    silvercar said:
    marcia_ said:
    Anyone had any experience of submitting a Subject Access Request to a solicitors firm to obtain documents in a deceased person's will file for any references to themselves?

    Is a document disclosed in full, with just the names and identifying particulars of 3rd parties redacted?
     Your information won't be visable and you might not have the right to request their personal information because you are not the party and can't have permission to act on behalf of the deceased 
    OP is looking for reference to themselves, not of reference to others. So if there were correspondence about the OP in discussion about their inclusion (or not) in a will, would they have the right to see the documents?
    Looking for references of themselves in someone elses personal data which isn't available for them to view. 
  • user1977
    user1977 Posts: 18,592 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    silvercar said:
    marcia_ said:
    Anyone had any experience of submitting a Subject Access Request to a solicitors firm to obtain documents in a deceased person's will file for any references to themselves?

    Is a document disclosed in full, with just the names and identifying particulars of 3rd parties redacted?
     Your information won't be visable and you might not have the right to request their personal information because you are not the party and can't have permission to act on behalf of the deceased 
    OP is looking for reference to themselves, not of reference to others. So if there were correspondence about the OP in discussion about their inclusion (or not) in a will, would they have the right to see the documents?
    No, in the same way that you (obviously) can't access the file if the client is still alive - client privilege will still apply even after death.
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