Why are we collecting your personal information?
The NSW Trustee and Guardian (we, us) is collecting personal information:
- of the deceased person,
- relating to you, (the person completing the Deceased Estate Information form),
- of the executor (if they are not the NSW Trustee and Guardian), and
- of the deceased person’s next of kin and potential beneficiaries, and some other third parties,
through this form.
We are collecting this personal information in connection with the administration of the deceased person’s estate. More information is given below.
What personal information do we collect?
We collect:
- from you (the person completing the Deceased Estate Information form) - your name and address and contact details,
- the name and address of the executor (if the executor is not NSW Trustee and Guardian),
- Certain personal information about the deceased person in the Deceased Estate Information form. Please read the form for more information,
Collection of this information is necessary to enable NSW Trustee and Guardian to identify the deceased person’s real property, income, assets, expenses, liabilities, tax status and their will (if they made one), to apply for a grant of probate or letters of administration and to settle their affairs before the estate can ultimately be distributed to the estate beneficiaries, - the name and contact details of the next of kin and potential beneficiaries (and, in the case of persons under age 18, their date of birth), and their relationships to the deceased person, and
- the name and contact details of certain third parties (such as tax agents and funeral directors).
Please see the Deceased Estate Information form for all the personal information that we collect.
How will we use and disclose this information?
You are providing this personal information (relating to you, the deceased person and other people identified above) so that the NSW Trustee and Guardian can process the Deceased Estate Information request and provide administration services to the deceased estate.
This information will only be used for the purpose of administering the deceased estate, and for directly related actions arising from that request.
NSW Trustee and Guardian will not disclose your personal information, or the personal information of another person named in the Deceased Estate Information form (including the deceased person), to anybody else without consent, unless required or authorised by law, such as by court order.
NSW Trustee and Guardian will store and protect your personal information until the services or purpose of contact has concluded. Subject to any other legal requirements regarding information retention, your information will be disposed of in accordance with the requirements of Retention and Disposal Authorities issued under the NSW State Records Act 1998.
You may opt-in to be placed on mailing lists, newsletters, or other recurring communications forums. If you do, your information will be used for this purpose and stored until you chose to opt-out.
More information
This privacy notice applies only to the information you are providing in this form. If you would like to know more about how NSW Trustee and Guardian meets its regulatory obligations in collecting, using, sharing and storing personal information, you can read their complete Privacy Policy or Privacy Management Plan on https://www.nsw.gov.au/sites/default/files/2024-02/nsw-trustee-guardian-privacy-management-plan.pdf (PDF 611.12KB).
You (and other persons named in the Deceased Information Form) have the right to access their own personal information held by NSW Trustee and Guardian without excessive delay or expense. A person has the right to have their personal information corrected if it is inaccurate or out-of-date.
If you would like to access or correct your personal information, please contact NSW Trustee and Guardian Information Officer on:
You may also contact NSW Trustee and Guardian if you have any questions about this privacy notice.
Background
Personal information
Personal information is any information or an opinion about an individual whose identity is apparent or can reasonably be ascertained.
Importantly, personal information about a deceased person is still protected under the privacy legislation for 30 years after the person’s death. Privacy protections do not end when a person dies.
Privacy and Personal Information Act 1998
NSW Government Agencies must comply with the Information Protection Principles (IPPs), which are outlined in the Privacy and Personal Information Act 1998 (PPIP Act). These regulate the collection, storage, use and disclosure of personal information held by Government Agencies.
