IDG34250 - Protecting the confidentiality of deceased customers: Disclosure to persons other than the Personal Representative

Disclosure to persons other than the Personal Representative

If the enquirer is not the Personal Representative you should not disclose any confidential information to that person, irrespective of their relationship with the deceased.

The only circumstances under which you may disclose to a person other than the Personal Representative is where you have the express written consent of the Personal Representative to do so. This rule applies equally to professional agents as it does to any other person. To obtain consent the individual must follow the process outlined at IDG43000.

If an agent or other person was acting on behalf of the deceased prior to their death, for example through a power of attorney or consent (such as a form 64-8) you may no longer disclose confidential information to these third parties. If the personal representatives wish these third parties to continue to act they must provide a fresh consent. See IDG43000 for guidance on consent.

See also

IDG34050Protecting the confidentiality of deceased customers: General
IDG34100Verifying the identity of Personal Representatives
IDG34150Disclosing to the Personal Representative where there is no will and a Letter of Administration is not appropriate
IDG34200Disclosing information to trustees of estate assets