Regulation 4 Confidentiality

An executry practitioner shall treat any communication made to or by him in the course of his acting as such for a client as confidential in like manner as if he had at all material times been a solicitor acting for the client.

Paragraph (1) shall not prevent an executry practitioner from disclosing any such communication to a qualified person (“the relevant qualified person”) who is directing, supervising or carrying out the executry services (or who may direct, supervise or carry out such services) for the client to whom the communication relates, insofar as the communication is relevant to the executry services being provided.

An executry practitioner shall take all reasonable steps to ensure that the relevant qualified person is also required to comply with the obligation specified in paragraph (1), except that the relevant qualified person may disclose to the executry practitioner any communication which is relevant to the executry services being provided.

The obligations referred to in paragraphs (1) and (3) shall not apply to any communication the disclosure of which has been agreed to in writing by the client.