Can I obtain copies of the deceased’s medical records?

This is often the first port of call when it comes to challenging or defending the validity of a will on grounds of capacity. The Access to Health Records Act 1990 allows a personal representative of an estate or a person with a claim against an estate to make a written request for medical records. The relevant medical records may be held by a number of different organisations, particularly if the individual was residing in a care home, or was receiving specialist care. Certain organisations may have prescribed forms to complete when obtaining medical records, and some organisations are entitled to charge an administration fee for complying with a request. If you need help in obtaining medical records, please do not hesitate to ask us for assistance with this.