We act for the trustees of a will trust. Life interest for settlor’s daughter, remainder to a charity.
The charity recently asked for details of the life tenant’s age or date of birth. I assume they want to assess when they may receive the trust fund. We asked the life tenant for authority to disclose that information but she appears to lack capacity to give consent.
In the absence of her consent, is the remainderman entitled to that information under trust law? If they are, how does that interact with GDPR?
I don’t think GDPR is an issue here. You do not need to have express consent for this, as consent is one of only five legal bases for processing someone’s personal data. I would say you could rely on the “legitimate interest” basis as the life tenant’s date of birth is pertinent to the trust as a whole.
It is for the Trustees to decide assuming the Deed gives such a power. All trustee powers are prescribed under the Trustee Acts but the Settlor can supplement those powers as he/she sees fit. In the absence of a trustee power, it would not be difficult, for the charity to contact the life tenant directly or failing that, to contact the births Register.