This is the scenario. Daughter disputes mothers will which was executed in
2003. She does not think she was of sufficient capacity to make the will.
Letter received from Solicitors asking to see care records for the deceased
lady to ascertain what her circumstances and capacity were at the time and
whether the care she received from Social Services would indicate she did not
have the capacity to make the will.
I would guess that there are references to living individuals in the file (other
than those performing their official caring duties).Also, possibly opinions on the
lady’s condition as opposed to facts – but I am only guessing.
Could the solicitors claim exemption Section 29 – prevention and detection of
crime (which they haven’t) ? What is our situation regarding disclosure of
data regarding a dead person to whom the DP Act does not apply, but duty of
confidentiality might ?
I’d be grateful for any opinions.
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