Privacy Notice – Estate & Trust Beneficiaries
Farleys Solicitors LLP act for, or are appointed as, the executors of many estates and also act for or are the trustees of, various trusts. As such we are responsible for deciding how we hold and use personal information about the testator, settlor, protector, other power holders and beneficiaries (The estate/ trust persons) of such estates and trusts (‘The information’).
We will comply with Data Protection law principles in respect of the information, which means that the information we collect and process will be:
- Used lawfully, fairly and in a transparent way;
- Collected only for specific, legitimate purposes that have been explained to the relevant estate/trust person, or that such person would reasonably expect, and not used in a way that is incompatible with those purposes;
- Adequate, relevant and limited to what is necessary in relation to the above purposes;
- So far as possible, kept accurate and up to date;
- Kept in a form that identifies the relevant estate/trust person only for as long as necessary; and
- Appropriately secured against unauthorised/unlawful access or use and accidental loss, destruction or damage.
In connection with the administration of an estate or trust, we may collect, store and use the following categories of personal information about the estate/trust persons:
- The information set out in the trust deeds;
The information provided to us and required for registering with HMRC’s Trust Registration Service;
- Information required to be processed by us to comply with applicable statutory or regulatory obligations;
- Any personal information about any of the estate/trust persons which any of the estate/trust persons decides to provide or make available to us.
We may, if reasonably necessary in order to carry out our duties from time to time collect information from public sources such as the electoral register.
We may use personal information about estate/trust persons to:
- Communicate with them;
- Enable us to exercise our executor /trustee powers and duties and to advise the executors/ trustees; and
- Comply with legal, taxation or regulatory requirements.
We may use personal information about estate/trust persons for the above purposes where one or more of the following applies: It is necessary to do so in our legitimate interests or those of other parties (Such as the executor, settlor or trustee) Provided these are not overridden by the privacy or other legal rights of the relevant estate/trust person; we need to do so, in order to comply with the law; if needed to protect the vital interests of an estate/trust person (or those of someone else); if needed for the performance of a contract to which an estate/ Trust person is a party or in order to take steps at that persons request prior to entering into a contract, and/or, in some cases, for one or more particular purposes that a relevant person has freely and unambiguously consented to.
Where we have a legal basis for doing so we may also sometimes collect and use “special category“ or sensitive personal information about an estate/trust person (such as information relating to their health, ethnic origin, or political, religious or philosophical beliefs) to enable us to advise our clients or exercise our executor/trustee powers and duties.
We will retain personal information of estate/trust persons for so long as necessary to provide our services and fulfil our legal obligations.