Not upheld: Account administration errors complaint against Prestige Finance Limited

Decision detail

Summary

Mrs G complained that Prestige Finance Limited refused to provide information about its contact with her late husband Mr G regarding their joint mortgage, which was paid off in 2023. Mr G passed away in March 2025 without a will, and the jointly owned property passed to Mrs G automatically. Prestige refused to release information about Mr G without confirmation that Mrs G was representing his estate through letters of administration. The ombudsman found that while data protection law does not apply to deceased persons, it is fair for Prestige to protect customer confidentiality by requiring legal authorization. The ombudsman noted that Mrs G's status as spouse and joint property owner did not give her legal authority to represent Mr G's estate regarding the mortgage, and advised her to reapply once she received letters of administration.

The Ombudsman's reasoning

The ombudsman found that while data protection law only applies to living persons and does not give rights to access data about deceased persons, it is fair and reasonable for a firm to release information about a deceased customer to their authorized legal representatives. However, without letters of administration, Mrs G had no legal right to represent Mr G's estate, as the right to act on behalf of a deceased person passes to executors or administrators appointed by law. The ombudsman acknowledged that while the property passed to Mrs G automatically, the mortgage and property are separate matters, and Mr G's part in the mortgage does not automatically pass to her. The ombudsman was sympathetic to Mrs G's position but found it fair for Prestige to protect customer confidentiality by requiring legal authorization.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website