Not sure about this: I think it is not a breach of confidence to confirm that a will exists, but it is definitely a breach of confidence to reveal anything of its terms.
One of the recent debates on the Trust Discussion Forum has been about the circumstances in which a lasting, enduring, continuing power of attorney can properly be handed over. To whom does such a power of representation belong? When does ownership pass from the granter to the grantee? One solution can be to agree with the granter — at the time of the creation of the power — the circumstances when the power can be given to the grantee.
We do of course have similar problems with wills and other documents. In many civil-law jurisdictions, the original will is not released by the holding notary, but he produces an inheritance certificate based on it. In jurisdictions where executors or administrators are appointed, the will may well belong to these Personal Representatives (PRs) once the testator has died. Professionally, what information is it proper to release? Once we have seen…
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