Gifts in Wills
We have a legal entitlement to any gifts left in Wills to our charity and are accountable to the Charity Commission under Charity Law to ensure the money is received and used according to their charitable purposes. To fulfil these obligations, we may need to use personal data of living individuals, for example to write a letter to the executor to communicate about the administration of the estate.
Where we collect personal data from
- Executors, Trustees, solicitors and any other professional third party instructed in the legacy administration process.
- Third parties, such as the Smee & Ford notification service
- Copies of wills either provided by Executors, Trustees or other professionals acting in the administration, or publicly available online.
- Other co-beneficiary charities that have a similar interest to us under the will
- The public domain
Whose personal data we collect
- Employees of organisations that we need to communicate with during the administration process including charity legacy officers, solicitor employees, estate agents etc.
- Executors of the estate and Trustees of Will Trusts, who may be family or friends of the donor, or a professional advisor such as a solicitor, accountant or banker.
- Other individuals named as beneficiaries in a will, including those who have a life interest in an ongoing Will Trust.
What data do we collect for gifts in Wills?
- Name and address
- Telephone, email, internet, fax or other electronic communication details were provided to us.
- Co-beneficiaries’ level of entitlement to any gifts or share of an estate in which we receive a benefit.
- We do not collect sensitive personal information such as health status, ethnicity, religion or sexual orientation for example, unless it can be proven to be pertinent to the legacy case and there is a clear reason for doing so.
What lawful basis do we collect this information on?
- Where the data subject has provided their consent
- Where the processing is necessary for compliance with a legal obligation
- Where necessary for the purpose of legitimate interests pursued by the charity in relation to estate administration
How do we use gifts in Wills data?
- We will only use personal information for the purposes of the legacy administration process, the purposes for which it was obtained. For example, where our relationship with an executor or next of kin is solely related to the legacy administration process, we will not use personal data to send marketing (campaigning or fundraising) communications without express consent.
- We only share your information internally where it is directly relevant to those who need to know, when they need to know it.
- We may need to share your information with ‘data processors’ such as associated organisations and agents who provide us with a legacy administration service. These ‘data processors’ will only act under our instruction for use and security of your data.
- We may need to share your information with other charity beneficiaries who have a similar interest to our own in the interest of estate administration only.
How do we store gifts in wills data?
- Personal data is stored on our electronic legacy database with restricted access. Any paperwork containing personal data is kept to a minimum, locked away when not in use and securely destroyed when no longer needed.
- Personal data is held for as long as is necessary to ensure our legal entitlement is administered without challenge. Some legacy administration cases can be ongoing for long periods, for example in a life interest case where we have an interest in an asset that someone else is entitled to live in during their lifetime. There may be some cases where a longer retention period is required, for example where the charity has an ongoing duty to comply with conditions attached to the gift.