Southport Office 01704 534034
Ainsdale Office 01704 574144
Churchtown Office 01704 211649
Authorised & Regulated by The Solicitors Regulation Authority
Member of the Law Society's Family Law Panel
Member of the Society of Trust and Estate Practitioners
Registered No 569492
Privacy Notice Regarding Administration of Estates
When the firm acts for executors or administrators (personal representatives) of a deceased person’s estate the firm and the personal representatives each hold personal data about beneficiaries of the estate. This notice explains how and why beneficiaries’ personal data will be used and how long it will usually be retained for. It provides beneficiaries with certain information that must be provided by us under the General Data Protection Regulation ((EU) 2016/679) (GDPR).
If beneficiaries have any queries or want any further information they should please contact the fee earner dealing with the estate.
Data Protection Principles:-
We will comply with data protection law and principles which means that beneficiaries’ data will be:-
Used lawfully, fairly and in a transparent manner
Collected only for the purposes explained in this notice and not used in any way that is incompatible with those purposes
Relevant to the purposes we have told the beneficiaries about and limited to what is necessary to achieve those purposes
So far as possible accurate and kept up to date
Kept for no longer than is necessary for the purposes we have told the beneficiaries about and in a manner which ensures appropriate security
The personal representatives of estates are under a legal obligation to administer the estate which involves collecting the assets, paying debts and other liabilities including tax and distributing what is left to the beneficiaries.
This firm and the personal representatives will only use the information we collect to satisfy that legal obligation. This means that we may use the beneficiaries’ personal data:-
To communicate with the beneficiaries
To verify beneficiaries’ identity and age for the purposes of ascertaining their beneficial entitlement
To carry out bankruptcy searches before making a payment to beneficiaries
To discharge the personal representatives’ statutory obligations to provide information to Her Majesty’s Revenue and Customs (HMRC) and other regulatory bodies
The Type of Data That We Hold and Where it Comes From
While administering estates we collect, hold and use the following categories of information about beneficiaries:-
Information provided by the deceased in correspondence and interviews which is set out in the deceased’s will and recorded in our attendance notes
Information that the beneficiaries provide during the administration
Information from publicly accessible sources such as the register of births, deaths and marriages and the Land Charges Registry
We will only share beneficiaries’ data with third parties when it is necessary to do so in order to properly administer an estate. This is likely to be Government agencies such as HMRC and the Probate Registry and professionals providing services to the estate such as accountants, bankruptcy search providers and genealogists.
We have to keep the information relating to the administration of an estate for as long as there may be legal challenges to the way in which the estate was administered. After the expiry of that period we will arrange to securely destroy the data in accordance with the statutory requirements.
Beneficiaries have the following rights:-
(a) To request access. This is commonly known as “data subject access request” which allows a beneficiary to obtain a copy of personal data that we are holding about that beneficiary
(b) To request correction of inaccurate personal data and completion of any incomplete personal data
(c) To require us to delete or remove personal data which is no longer necessary in relation to the purposes for which the data was collected or where the processing was unlawful or when the beneficiary is exercising his or her right to object as set out below
(d) To require us to stop processing for a period while we verify the accuracy of personal data which a beneficiary contests, where the processing is unlawful or where we no longer need the personal data for the purposes of the administration of the estate but the beneficiary requires the data for the establishment, exercise or defence of legal claims
A beneficiary has the right to object to the storage and use of his or her personal data in two circumstances:-
(1) If we base the reason we are holding that data on the ground that it is necessary for our legitimate interests or those of a third party and there is something relating to the beneficiary’s particular situation which makes the beneficiary want to object
(2) If we are using the beneficiary’s personal data for direct marketing purposes
A beneficiary can complain to the Information Commissioner’s Office the UK supervisory authority for data protection issues (www.ico.org.uk)
If a beneficiary wishes to review, verify, correct or request erasure of his or her personal information or object to the processing of his or her personal data the beneficiary should please contact in writing the fee earner dealing with the estate.