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I am sorry to read of the above and please accept my sincere condolences for your loss.
May I confirm if your brother made a will and if so, who has been appointed as executor of that will please?
I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:
Notwithstanding the above, in general terms under the administration of estates act, an executor appointed under a will or administrator appointed under letters of administration have legal authority in respect of your brothers assets which would include digital assets such as email accounts and so on. As such, if a grant of probate or letters of administration have been obtained in respect of your brother's estate, in principle this can be used as legal authority for the purpose of accessing your brother's account. The data protection act does not apply in relation to deceased persons despite what is commonly believed by customer service advisers
However, many service providers are not based within the U.K.'s jurisdiction and as such, different rules may apply in relation to the email account in question and it may be that the service provider will decline to provide access based on UK law and may either refuse to do so at all or impose additional requirements as a condition of doing so.
thank you. As above, it is likely that letters of administration will need to be obtained in relation to your brother's estate. This is a court order specifying the person with legal authority to deal with your brothers affairs. The person or persons with priority in respect of applying for letters of administration would be determined by the noncontentious probate rules:
letters of administration can be applied for the following link:
certainly. I expend above something that somebody will need to apply for letters off administration in respect of your brother's estate (probate). This person will either be your brother's spouse if they were married or if they were not, his parents or otherwise, one or more of his siblings.
Having obtained probate ( letters of administration) that person(s) should have legal authority to seek access to his email account as well as of course deal with his assets generally
I hope the above is of some assistance but if you have any further questions, please revert to me.
I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.
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I am not sure you would need a solicitor. Having obtained the grant of probate as above it would be a case of contacting the account provider you wish to access and providing an office copy of the grant of probate you have obtained. Providing you are named on the grant of probate they should then deal with you as the legal administrator and provide access.