We and the executors of an estate are required to hold personal data about you.  The information contained in this notice is to explain how and why your personal data will be used, and how long it will usually be retained for.  It provides you with certain information that must be provided by us under the General Data Protection Regulation ((EU) 2016/679) (GDPR).

If you have any queries or would like any further information please contact:

Clare Leigh who is the Wills and Probate Partner at Lyons & Company.

Data Protection Principles

We are required to comply with data protection law and principles, which means that your data will be:

  • used lawfully, fairly and in a transparent way;
  • collected only for the purposes explained in this document and not used in any way this is incompatible with those purposes;
  • relevant to the purposes we have told you 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 you about and in a manner that ensures appropriate security.
Why are we holding personal data about you and what will we do with it?

The executors are under a legal obligation to administer a deceased’s estate.  This involves collecting their assets, paying debts and other liabilities, including tax, and distributing what is left to those who are entitled to receive them.  Where the executors have instructed us to assist in their duties we are under a similar obligation to collect this information.

We and the executors will only use the information we collect to satisfy that legal obligation.

What sort of data do we hold and where does it come from?

While administering an  estate we will collect, hold and use the following categories of information about you:

  • information provided by the deceased in correspondence and interviews which is set out in the will and recorded in attendance notes;
  • information you provide during the administration;
  • information from a bankruptcy search provider;
  • information from register of births, deaths and marriages;
  • information from a credit reference agency;
  • information from a genealogist agency.
Sensitive personal information

We may collect, store and use sensitive personal information to help us comply with the wishes of the deceased in accordance with their will and to enable us to identify and protect your rights as a beneficiary.  The same information is required even where no will is available.

Who will we share your data with?

We will only share your data with third parties where it is necessary to do so to properly administer the 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, genealogists and bankruptcy search providers.

We require third party service providers to take appropriate security measures to protect your personal data.

We only allow use of the data for specified purposes in accordance with our instructions.

We do not permit them to use your personal data for their own purposes.

Is any data transmitted outside the European Economic Area (EEA)?

Only if one of the following applies:

  • The European Commission has issued a decision confirming that the country to which we transfer the personal data ensures an adequate level of protection for the data subjects’ rights and freedoms.
  • Appropriate safeguards are in place such as binding corporate rules, standard contractual clauses approved by the European Commission, an approved code of conduct or a certification mechanism.
  • Explicit consent has been provided to us to the proposed transfer of information after you have been informed of any potential risks.
  • The transfer is necessary for one of the other reasons set out in the GDPR including the performance of a contract between us, reasons of public interest, to establish, exercise or defend legal claims or to protect your vital interests where you are physically or legally incapable of giving consent and, in some limited cases, for our legitimate interest.
How long will you keep my personal data for?

We have to keep all the information relating to the administration 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 securely destroy the data in accordance with the statutory requirements. 

Security of data
  • We have electronic password protection.
  • We limit access to your personal information to those agents, and third party service providers who need it to assist in the administration of the estate. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
  • We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
Your rights

You have the following rights:

  • Request access
    This is commonly known as a “data subject access request”.  It allows you to obtain a copy of personal data we are holding about you.
  • Request rectification
    You can require inaccurate personal data to be corrected and any incomplete personal data to be completed.
  • Request erasure
    You can require us to delete or remove personal data
    • Which are no longer necessary in relation to the purpose for which they were collected or otherwise processed; or
    • Where the processing is unlawful; or
    • Where you are exercising your right to object (see below)
  • Request restriction
    You can require us to stop processing for a period
    • While we verify the accuracy of personal data which you contest, or
    • Where the processing is unlawful, or
    • Where we no longer need the personal data for the purpose of the administration of the estate but you require the data for the establishment, exercise or defence of any legal claims.
  • Right to object
    You have the right to object to the storage and use of your personal data in two circumstances:
    • If we base the reason we are holding your data on the ground that it is necessary for our legitimate interests or those of a third party, and there is something relating to your particular situation, which makes you want to object.
    • If we are using your personal data for direct marketing purposes.
  • Right to complain
    You can complain to the Information Commissioner’s Officer, the UK supervisory authority for data protection issues (www.ico.org.uk)
Contact

If you want to review, verify, correct or request erasure of your personal information, or object to the processing of your personal data, please contact Clare Leigh in writing by emailing clare@lyonsandcompany.co.uk or by writing to her at Lyons & Company, 6 Anchor Crescent, Knaphill, Woking, Surrey GU21 2PD.