Shipleys LLP and its wholly owned subsidiaries Shipleys Probate Services Limited, Orange Street Trustees Limited and Shipleys Trustees Limited (“we”), act for, or are trustees of, trusts and act for, or are appointed as, the executors of estates and as such are data controllers. We are responsible for deciding how we hold and use personal information about the settlor, testator, protector, other power holders, and beneficiaries (the ‘trust/estate persons’) of such trusts and estates (the ‘information’).
This Privacy Notice for trust and estate beneficiaries should be read in conjunction with our Privacy Policy and is intended to supplement this and any other applicable privacy notices, policies or statements that we may issue from time to time.
We will 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 valid purposes that have been explained to the relevant trust/estate person and not used in a way that is incompatible with those purposes;
- relevant to the purposes we have told you about and limited only to those purposes;
- so far as possible, accurate and kept up to date;
- kept only as long as necessary for the purposes we have told you about;
- kept securely.
In connection with the administration of a trust or estate, we will collect, store, and use the following categories of personal information about you:
- the information set out in the trust deeds or will;
- the required information provided to us for registering with HMRC’s Trust Registration Service;
- information required to be processed by us to comply with applicable statute or regulatory obligations, Common Reporting Standards and US tax law reporting requirements;
- any personal information about any of the trust/estate persons which any of the trust/estate 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 (for example, to obtain information about clients’ identities as required by legislation) collect information from ID verification software.
We may use personal information about trust/estate persons to:
- communicate with them;
- enable us to exercise our trustee/executor powers and duties and to advise the trustees/executors; and
- comply with legal, taxation or regulatory requirements.
We may use personal information about trust/estate 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 a settlor, trustee or executor) in connection with the set-up or administration of a trust or estate provided these are not overridden by the privacy or other legal rights of the relevant trust/estate person;
- we need to do so, in order to comply with the law; if needed to protect the vital interests of a trust/estate person (or those of someone else);
- if needed for the performance of a contract to which a trust/estate person is a party or in order to take steps at that person’s request prior to entering into a contract.
Where we have a legal basis for doing so we may also sometimes collect, store and use ‘special category’ or sensitive personal information about a trust/estate person to enable us to advise our clients or exercise our trustee/executor powers and duties.
We will retain personal information of trust/estate persons for as long as is necessary to fulfil the purpose for which it is collected.
For more information please refer to our Privacy Notice for more details regarding our data retention policies.
This notice was updated 7 July 2020
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