IDG34050 - Protecting the confidentiality of deceased customers: General

Protecting the confidentiality of deceased customers: General

This section provides advice on the confidentiality issues you must take into account when dealing with a deceased person’s affairs. Please also remember the need to treat family members or next of kin with sensitivity.

When someone dies, whether they have left a will or not, their estate enters a period of administration. During the period of administration the ‘Personal Representative’ is responsible for finalising the affairs of the estate and it is only this person to whom confidential information about the affairs of the deceased should be disclosed. In this guidance the term ‘Personal Representative’ is used to encompass both executors and administrators.

Before a Personal Representative can deal with the affairs of the deceased they must first obtain legal authority to do so. It is at this stage that the existence, or otherwise, of a will is important.

If there is a will the Personal Representative obtains from the Court:

• a Letter of Administration, or
• a grant of Probate, or
• in Scotland, Confirmation.

If the deceased person did not leave a will (this is called ‘intestate’) the Personal Representative applies to the Court for:

• a Letter of Administration, or
• in Scotland, Confirmation.

The role of the Personal Representative is to

• establish the assets and liabilities of the estate,
• administer the estate, and
• distribute the assets of the estate in accordance with the will or, the law dealing with intestacy if the deceased person did not leave a will.

Further guidance

For further guidance and assistance generally on confidentiality, contact KAI Knowledge Resources (see IDG90100).

See also