I have to agree with Nigel on this occasion. The executor would have been appointed by the deceased to manage his post-death affairs and would (should) have assumed the exec would have access to his most intimate and private information and papers.
Who provided the information that is on the papers owned by your authority? I assume that would be the deceased. I really cannot see the problem with providing it to the executor.
Carolyn Howard
Solicitor
Leicester City Council
email: [log in to unmask]
ext: 29 6498
tel: 0116 252 6498
(Office hours: Mon a.m./Tue/Thu)
>>> "Scourfield, Brenda" <[log in to unmask]> 22/08/2008 12:30 >>>
Nigel,
Thanks for your reply. However, these papers are the property of
Pembrokeshire County Council who did a financial assessment of him to see if
we could give him assistance with nursing home fees.
Brenda
Brenda Scourfield
Team Leader,
I.T.
Pembrokeshire County Council,
County Hall,
Haverfordwest.
SA61 1TP
01437 775380
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nigel Roberts
Sent: 22 August 2008 12:24
To: [log in to unmask]
Subject: Re: [data-protection] Powers of executors
Applying this, papers belonging to the deceased were the property of the
deceased.
Therefore they are now the property of the executor and must be given to
him (or her).
That's how it seems to me ...
Nigel Roberts wrote:
> Brenda:
>
> This isn't data protection, of course, as IIRC when a person passes
> away, data protection ceases to be relevant except where it indirectly
> refers to a living person ..
>
> However, if you bear in mind what an executor actually is, then you will
> suddenly realise exactly what powers they have.
>
> A basic principle is that that ownership of property (whether real or
> personal) can know no vacuum. (Where property is abandoned, the Crown
> takes legal and equitable ownership).
>
> Executors are what is known as 'personal representatives'.** That is to
> say, the executor has legal ownership of all of the deceased person's
> property, realty as well as personalty.
>
> They 'stand in the shoes' of the deceased. They have all the powers over
> the property that the deceased had. And they have the obligation to
> distribute (i.e. transfer legal ownership) to those persons and/or
> organisations which have been given ownership, in Equity, of various
> property of the deceased.
>
> Bearing this in mind, it should be easy, in any given circumstance to
> determine what powers and obligations exist in respect of any given
> property (e.g. papers, etc).
>
>
> Nigel.
>
>
> (** NB: There is another kind of personal representative, called an
> administrator, but that is only relevant where an executor has not been
> appointed by will, and in any case, their powers and duties are identical)
>
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