RJS Solicitors |
September 26, 2022 |
12:30 pm |
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Wills

During your lifetime, only you, the witnesses to your Will and, if applicable, the solicitor/firm that prepared your Will, know that you have a Will. However, it is prudent to let your family know that you have a Will and where it is located to avoid questions about the whereabouts of your Will when you pass away. You should also let your executors know that you have appointed them in case they are unable to carry out this role.

When you die, if a Grant of Probate is required to administer your estate, then your Will is sent to a Probate Registry. This Probate Registry records your Will on their Wills’ database, becoming a matter of public record. This means anyone, for a small fee, can obtain a copy of your Will after your death.

Lasting Powers of Attorney/Deputyship Court Orders

As with your Will, the persons who sign and prepare your Lasting Power(s) of Attorney (LPA(s)) / Deputyship application know that you have this/these document(s). However, during your lifetime, once your LPA(s) is/are registered for use with the Office of the Public Guardian (OPG) / your Deputyship Court Order is granted, anyone related to you can apply to the OPG on a Form OPG100 to find out:

  • if there is a registered lasting power of attorney (LPA), enduring power of attorney (EPA) or deputyship court order
  •  the registration date of the LPA or EPA, or date of a court order
  •  the name of the person the LPA, EPA or deputyship order is about
  •  the names of attorneys or deputies
  •  whether decisions relate to property and finances or health and welfare
  •  whether there are any restrictions on the power of attorney or court order
  •  how attorneys or deputies are appointed to act
  • whether the LPA, EPA or deputyship order is registered, cancelled, revoked or expired
  •  the expiry date of deputyship orders, where relevant.

You cannot find out about:

  • LPAs or EPAs the OPG are currently registering
    • applications for deputyship court orders that are in progress

When you die your LPAs and Deputyship Court Orders are no longer valid. They should be returned to the OPG / Court of Protection, as appropriate, for cancellation.

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