Updated 4 November 2026
CM Law's Ultimate List: The top 50 FAQs on Administration of Estates #30: Maintain Confidentiality
Estate administration involves financial records, family information and sometimes sensitive medical material. Confidentiality does not authorise an executor to withhold everything from beneficiaries. In NSW, the appropriate approach depends on the document, the requester, the executor’s duties and applicable law. A clear disclosure process helps protect privacy while allowing proper accountability.
Does confidentiality mean keeping the estate secret?
No. An executor should protect sensitive information while meeting duties to administer and account for the estate. Some disclosures are necessary or legally required. The right question is who needs which information, for what purpose and under what authority. A blanket promise that no records will ever be shared is unsafe.
Separate routine estate updates from sensitive supporting material. Record requests and decisions, explain lawful limits and obtain advice where rights conflict. Avoid using privacy to deflect difficult questions or circulating the entire file when one document is required.
Does the Privacy Act apply to every executor?
The federal Privacy Act does not automatically regulate every individual acting privately as an executor. Its Australian Privacy Principles apply to covered entities, with specific inclusions and exemptions. A professional administrator or service provider may have obligations that a private family executor does not. Other legal duties can still restrict disclosure.
Check the OAIC’s explanation of coverage rather than assuming one rule applies to everyone. The statutory tort for serious invasions of privacy, operating since June 2025, has broader application than the Privacy Principles. An exemption from those principles is not general permission to misuse someone’s information.
Does privacy protection end when someone dies?
Not across all laws. For the federal Privacy Principles, personal information concerns a living individual; information solely about someone deceased is outside that definition. However, estate records may identify living relatives or beneficiaries. NSW health-information rules and other confidentiality obligations can also remain relevant after death, depending on the information and holder.
The OAIC’s guidance expressly distinguishes deceased information from information about an identifiable living person. A family medical history, for example, may reveal information about relatives. Consider the actual content of the record before concluding that death removes every restriction on its use or disclosure.
Who can request a copy of the will?
Section 54 of the NSW Succession Act gives specified people a right to inspect or obtain a copy of a deceased person’s will from someone holding it. Eligible categories include certain beneficiaries, family members and people with potential claims. Confidentiality does not defeat that statutory entitlement, although identity and eligibility should be checked.
The Supreme Court lists the eligible categories, which are wider than beneficiaries under the latest will. A reasonable copying charge may apply. Get advice about a disputed request rather than requiring every beneficiary’s consent or insisting that the requester first obtain a grant of probate.
Is a will still private after probate?
Once probate has been granted, the will is a public document and anyone can apply to the Supreme Court for a copy, subject to its process and fee. This does not make every email, bank statement or medical record in an executor’s possession freely available. Court access and private file disclosure are different questions.
Use the Court’s access guidance to identify what can be obtained and how. Do not promise that all testamentary information will remain confidential. A will’s public availability does not justify publishing unrelated estate records online.
Can beneficiaries ask for estate accounts?
Beneficiaries can have rights to information and accounts concerning the administration of their interests. The scope depends on their entitlement, the stage of administration and the documents requested. Proper accountability does not necessarily require unrestricted access to every private record or legal communication. Assess the particular request instead of issuing a blanket refusal.
Provide clear records of relevant assets, receipts, payments and distributions, with explanations where needed. If a request includes another person’s sensitive information, consider whether a narrower disclosure is lawful and sufficient. Seek advice before redacting material essential to understanding the accounts or enforcing a beneficiary’s rights.
What does a real NSW case show about confidentiality?
In McDonald v Ellis [2007] NSWSC 1068, a beneficiary with a vested remainder interest sought accounts of an ongoing testamentary trust. A trustee resisted partly because disclosure would reveal the life tenant’s income. The NSW Supreme Court rejected that objection and ordered accounts to be produced, with costs against the trustee.
The Court found no identified harm or competing principle sufficient to justify withholding the accounts. The order covered the years ended June 1998 to June 2005. This concerned a will trust after estate administration had finished; it does not establish unrestricted access to every document held by every executor.
Must an executor disclose all legal advice?
Not automatically. Legal professional privilege, the purpose of the advice and the beneficiary’s rights require separate assessment. Do not assume every solicitor’s document must be supplied, or that describing an ordinary estate record as confidential makes it privileged. Obtain advice before sharing material that may waive privilege or expose unrelated private information.
Avanes v Marshall [2007] NSWSC 191 distinguished accounts from disputed professional communications in a testamentary trust. The Court refused the requested inspection. It supports careful assessment of the documents and circumstances, not a general rule that every communication with an estate lawyer is immune from disclosure.
An executor may need to provide relevant information to banks, accountants, lawyers, insurers and public authorities to administer the estate. Obtain the authority or documentation required for the task and disclose what is reasonably necessary. There is no universal rule requiring consent from every beneficiary before any routine or legally required disclosure.
Check the recipient and purpose before sending identity documents, account details or tax information. Use a secure channel. An adviser’s request does not justify copying unrelated family correspondence or sensitive records that do not assist the authorised work.
Can family members demand the deceased’s medical records?
Being a relative or executor does not create an automatic access right under the NSW Health Records and Information Privacy Act. Health information remains protected for thirty years after death. Providers must consider the applicable access or disclosure pathway, and an executor may need to explain why particular records are required for estate duties.
The NSW Information and Privacy Commission explains the rules. Compassionate disclosure is permitted in defined circumstances but is discretionary, not a general right to the whole file. Requests connected with litigation or estate administration may need a different lawful basis and appropriate supporting material.
How should estate records be stored securely?
Keep original documents and valuables in secure storage, and restrict digital access to people who need it. Use strong unique passwords, multifactor authentication, updated software and reliable backups. Keep an organised record of who holds important documents. Security should protect access without making essential estate information impossible to retrieve when properly needed.
The Australian Cyber Security Centre provides practical guidance. Separate estate records from casual family group chats and shared devices. Preserve material relevant to liabilities, tax or disputes before disposing of papers or wiping a device, and arrange authorised access rather than sharing passwords indiscriminately.
What should executors check before sending an update?
Confirm the recipients, attachments and purpose before sending an estate update. A general progress message may not need bank details, medical information or another beneficiary’s address. Where appropriate, send sensitive material separately through a secure channel. Disclose enough to meet the relevant duty without unnecessarily spreading information about other people.
Use individual messages or suitable blind-copy settings where revealing contact details serves no purpose. Verify changed payment instructions through an independently confirmed contact method. An email address that looks familiar is not sufficient assurance when distributing money or sending identity documents.
Can confidentiality override a court order?
A confidentiality preference does not excuse ignoring a court order, subpoena or other lawful disclosure requirement. Read the requirement carefully and obtain advice promptly about compliance, objections, privilege or protective arrangements. Do not destroy, alter or conceal relevant documents. Equally, do not assume a threat of proceedings itself authorises unrestricted disclosure.
For sensitive material, ask whether lawful limits or court directions are available. Keep the request and response in the estate file. Consider any confidentiality agreement alongside statutory duties and orders; it is not an absolute bar to disclosure.
Act promptly to contain the disclosure, identify what was shared and assess the likely consequences. Seek advice about recovery, affected individuals and any notification duties. Not every mistake triggers mandatory federal reporting: the Notifiable Data Breaches scheme applies to covered entities and eligible breaches, including the relevant serious-harm and remedial-action requirements.
Use the OAIC’s reporting guidance where that scheme applies. Record the incident, preserve evidence and review access or communication practices. Contact the bank immediately if payment details or funds may be compromised. Do not conceal a problem simply because the disclosure was accidental.
What is our practical recommendation for executors?
Create a written process for storing records, verifying requests and authorising disclosure. Explain how beneficiaries will receive updates and accounts, and obtain advice before refusing a disputed request. Our practical recommendation is to treat privacy and accountability together: protect sensitive information while keeping a clear record of why each disclosure or refusal was appropriate.
For advice about estate administration, contact Christine Manolakos and CM Lawyers on (02) 9557 9000 or lawyers@cmlaw.com.au. Provide the will, the request received and the relevant documents so the disclosure issue can be assessed in its proper context.
This article provides general information about NSW estate confidentiality. Obtain advice on the particular information, entitlement, applicable privacy law and any court process.
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