Releasing documents

We have a duty of confidentiality to our clients and therefore have certain requirements to release documents which we hold in storage.

Your Will/Lasting Power of Attorney (LPA)/Enduring Power of Attorney (EPA)/Deeds

If you have original documents stored by us and would like the documents back, we require:

1. A signed letter of authority from you which confirms:
   
   1. Your full name
   2. Your current address
   3. Your address which is stated in the documents
   4. Which documents you would like to be released
2. Two forms of ID:
   
   1. Current photo ID like a driving licence, passport or bus pass AND
   2. Proof of address dated within the last three months like a utility bill, bank statement or official letter from NHS, HMRC or DWP

We will then review the documentation and if approved, will post your documents via recorded delivery to your current address, or you can collect them.

Releasing the will of a deceased person

We require the following from all the executors:

1. A signed letter of authority which confirms:
   
   1. Their full names
   2. Their current addresses
   3. The person and address to release the documents to
2. Two forms of ID:
   
   1. Current photo ID like a driving licence, passport or bus pass AND
   2. Proof of address dated within the last three months like a utility bill, bank statement or official letter from NHS, HMRC or DWP

If any of the executors have passed away, we require a copy of their death certificate.

We will then review the documentation and if approved, will post the will via recorded delivery to the specified address, or one of the executors can collect it.

Releasing the deeds of a deceased person

We require:

1. The original death certificate of the deceased
2. The grant of probate or letters of administration
3. • A signed letter of authority from all executors/administrators which confirms:
   
   1. Their full names
   2. Their current addresses
   3. The person and address to release the documents to
4. Two forms of ID:
   
   1. Current photo ID like a driving licence, passport or bus pass AND
   2. Proof of address dated within the last three months like a utility bill, bank statement or official letter from NHS, HMRC or DWP

We will then review the documentation and if approved, will post the deeds via recorded delivery to the specified address, or one of the executors/administrators can collect them.

Releasing the EPA/LPA of a deceased person

We require:

• The original death certificate of the deceased

If you are the executors/administrators, we also require:

1. The grant of probate or letters of administration
2. A signed letter of authority from all executor/administrators which confirms:
   
   1. Your full names
   2. Your current addresses
   3. The person and address to release the documents to
3. Two forms of ID:
   
   1. Current photo ID like a driving licence, passport or bus pass AND
   2. Proof of address dated within the last three months like a utility bill, bank statement or official letter from NHS, HMRC or DWP

If you are the attorneys, we also require:

1. A signed letter of authority which confirms:
   
   1. Your full name
   2. Your current address
   3. The person and address to release the documents to
2. Two forms of ID:
   
   1. Current photo ID like a driving licence, passport or bus pass AND
   2. Proof of address dated within the last three months like a utility bill, bank statement or official letter from NHS, HMRC or DWP

If the EPA or LPA appoints you to act jointly (not jointly and severally) with other attorneys then we require the above from all the attorneys/deputies.

We will then review the documentation and if approved, will post the EPA/LPA via recorded delivery to the specified address, or one of the executors/administrators/attorneys can collect it.

Confirming if we hold a person’s Will/LPA/EPA/Deeds if you are appointed as an attorney

If the person has capacity

We require:

1. A signed letter of authority from them which confirms:
   
   1. Their full name
   2. Their current address
   3. The address which is stated in the documents
   4. Which documents they would like to be released
2. Two forms of ID:
   
   1. Current photo ID like a driving licence, passport or bus pass AND
   2. Proof of address dated within the last three months like a utility bill, bank statement or official letter from NHS, HMRC or DWP

We will then review the documentation and if approved, will post confirmation of documents stored and/or any documents requested by the person via recorded delivery to their current address, or they can collect them.

If the person has lost capacity

We require:

1. Two forms of your ID:
   
   1. Current photo ID like a driving licence, passport or bus pass AND
   2. Proof of address dated within the last three months like a utility bill, bank statement or official letter from NHS, HMRC or DWP
2. A copy of the registered LPA or EPA which appoints you as an attorney if we do not hold it or the deputyship order which appoints you deputy.

If you are appointed as an attorney under an unregistered EPA which we hold, we would also require a letter from the person’s GP which confirms that they have lost capacity.

We will only provide a copy of someone’s will to you, rather than their original will, unless they have an LPA which says their attorneys can have the original will.

If the EPA, LPA or deputyship order appoints you to act jointly (not jointly and severally) with other attorneys or deputies then we also require a letter of authority and two forms of ID from the others in order to release any documentation.

Please contact us on 0113 320 5000 or email at wills@winstonsolicitors.co.uk.

NB: timescales and fees are subject to change – please ask for details.