A firm may provide a copy of the Spousal Visa Application file to a widow, if their applicant client has died prior to the completion of the matter. Where the executor instructs the firm to obtain a Tourist Visa for the widow, and the deceased and the widow appear to have been joint clients of the firm, the widow may request a copy of the file relating to the Spousal Visa Application.

The firm acted for a client in relation to a Spousal Visa Application. The client died before a visa was granted, and the firm was then required by a government department to withdraw the Application. The firm then received instructions from an executor of the estate, to expedite an Application for a Tourist Visa to enable the widow to travel to Australia for the funeral. This Visa was obtained. Another firm acted for the widow. The dispute related to the release of the migration file of the deceased client to the firm of the widow, at the request and on the authorisation of the widow as a client of the firm of the deceased.

In the opinion of the Ethics Committee and on the information provided;

1. The client in the migration matter was the deceased client and the widow jointly, and following the death of the client, the widow and the executor of the estate of the client jointly.
2. Accordingly, the firm should provide a copy of the client documents from the migration matter to the widow but retain the original file.