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Post-death access to health records

Trusts and Estates

Post-death access to health records

A deceased person’s health records will be critical evidence in any claim the outcome of which turns on that person’s mental capacity at a particular time during their lifetime. Most obviously, and most commonly, this will be a contentious probate claim challenging a Will on the ground of lack of testamentary capacity, but could also be a claim to set aside or rescind a transaction entered into by the deceased before their death, such as a gift or disadvantageous contract, on the grounds of lack capacity at that time.

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