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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 2324
Experience:  Dual qualified Solicitor and Attorney
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My wife is a named executor in a will and is also named on

Customer Question

my wife is a named executor in a will and is also named on the grant of probate . She is also the largest beneficiary. Under the freedom of information act Is it possible for her to obtain from the uk authorities who has been issued a copy of the will and the grant of probate after applying and paying directly to the authorities
JA: What documents or supporting evidence do you have?
Customer: we have been passed a copy pf the grant of probate from a third party but do not know how they obtained it
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 15 days ago.
Category: Law
Expert:  UKSolicitorJA replied 14 days ago.

Hello,

 

You may carry out a probate search, see here how to do so: https://www.gov.uk/search-will-probate

 

May I help further?

Customer: replied 14 days ago.
This does not look like what I am after
Expert:  UKSolicitorJA replied 14 days ago.

A grant of probate is a public document (along with the Will) and anyone can access it.

Customer: replied 14 days ago.
What I want to know is WHO has requested a copy of probate documents (will and grant) from the authorities that My wife has had to administer and is a party to
Customer: replied 14 days ago.
whether they can access it is not in dispute here. We just want to know who has accessed it from the public records
Expert:  UKSolicitorJA replied 14 days ago.

I am afraid that information would be protected from disclosure under Data Protection legislation.Anyone has a right to access the records and remain anonymous.

 

All the best. Please click on 5 stars

Customer: replied 14 days ago.
so why does this differ from an SAR . the name of my wife is personal information under GDPR. Given that the applicant had to pay for it, does this not infringe her rights on seeing who has requested documents that contain her name?
Expert:  Jeremy Aldermartin replied 14 days ago.
A SAR obligates an organisation to reveal what information they have on you or subject requestor not who has accessed the information for example a SAR to a council would force the council to reveal what information the council has on your wife it would not force them to reveal which council staff had accessed that information. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 14 days ago.
I don’t see how your example is representative of my question . Council staff surely are not the same as the general public which is to whom the personal information has been supplied
Expert:  Jeremy Aldermartin replied 14 days ago.

Hi thank you for your message, the principal is the same a SAR is about information held about you by a public authority, it does not require that authority to reveal who has accessed that information. If you want a more pertinent example however, the registrar of births, deaths and marriages is publicly accessible and you can put in a SAR to see information held about you regarding births or marriages but that does not mean you also get to know who has accessed all the information also. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.