Who can make a request
We will consider requests from anyone who has a legitimate interest in accessing information about a deceased person.
When determining if someone has a legitimate interest in accessing this information, we will consider the following:
- Personal representative – this is a person who is entitled to administer the estate of the deceased person under the law relating to wills and probate. Personal representatives are also known as the ‘executor’ or ‘administrators’ of the estate.
- An individual who held a Health and Welfare Lasting Power of Attorney for the deceased person when they were alive.
- An individual who held a Financial and Property Affairs Lasting Power of Attorney for the deceased person when they were alive (although they would only be entitled to information about paying their bills, collecting their benefits, or selling their home).
- An individual who was a Personal Welfare Deputy for the deceased person when they were alive, providing the request does not go against any decision made by an attorney acting under a Lasting Power of Attorney.
- An individual who has proof that they have a claim arising from the deceased individual’s death.
- There is sufficient evidence to support the assumption that the deceased individual would have given their consent to the release of their personal information if they were still alive.
If one or more of the above criteria can be met, the request will then be considered in detail by the service.