§ Mr. KidneyTo ask the Parliamentary Secretary, Lord Chancellor's Department what national arrangements exist for the public registration of an individual's(a) will, prior to death, (b) enduring power of attorney and (c) advance directive. [20969]
§ Mr. HoonI can confirm that no national arrangements exist for the public registration of an individual's will prior to death. However, my hon. Friend may be interested to know that The Council of Europe Convention on the Establishment of a Scheme of Registration of Wills was signed by the United Kingdom on 16 May 1972. Each contracting state was required to set up a scheme whereby a limited category of wills must be registered in that state, and may be registered in any other contracting state. Sections 23–28 of the Administration of Justice Act 1982 were introduced to enable the UK to ratify the Convention. However, the relevant sections of the Act have not been brought into force.
Section 4(1) of the Enduring Power of Attorney Act 1985 imposes upon the Attorney a duty to apply to register the Power with the Court of Protection when he or she has reason to believe that the Donor is or is becoming mentally incapable. The Court maintains a register of such cases.
On payment of a fee any person is entitled to request the Court to search the register and say whether an Enduring Power of Attorney has been registered. The Court may supply any person with an office copy of the Power if it is satisfied that he has a good reason for requesting a copy and cannot reasonably obtain one from the Attorney.
While the Donor remains capable there is no obligation for the Attorney to apply for registration. There is no central register held in respect of these Powers.
There is no national arrangement in existence for the public registration of an individual's advance directive. Those making advance directives should let people close to them know of their decisions.