When someone dies, their medical records may be required to understand what happened, administer an estate, or investigate a possible legal claim. Access to these records is governed by the Access to Health Records Act 1990 (“AHRA 1990”).
You may be entitled to access a deceased person’s medical records if you are:
- The personal representative (executor or administrator of the estate), or
- Someone with a claim arising out of the death, such as a probate claim, potential clinical negligence or dependency claims.
You do not need to have started court proceedings to make a request, it is enough that the records are required to assess or pursue a potential claim.
What information can be provided?
The records that can be disclosed include GP records, hospital and specialist records, nursing notes, test results and scans, and medication histories.
However, access is not unlimited. The only person with an unqualified right to the deceased person’s full medical record is the personal representative of the estate.
If you are a person with a claim arising out of a death, you are limited to only the information that is relevant to the claim. For example, if you are investigating whether the deceased had the capacity to execute their last Will, you should receive only the records for the period of time surrounding the execution of the Will. You would not be entitled to unrelated historic medical information that has no bearing on the claim.
Statutory scope and limits
The AHRA 1990 applies only to records created on or after 1 November 1991. Earlier records are governed solely by the common law duty of confidentiality. Healthcare providers must still consider their continuing duty of confidentiality, even after a patient’s death.
Are there other limits on disclosure?
Yes. Certain information may be withheld, including:
- Information that could cause serious harm to someone’s physical or mental health.
- Information identifying third parties (e.g. a relative, carer, or informant) unless that third party has consented.
- Information provided in confidence by someone other than a healthcare professional.
What about GDPR?
Medical records of deceased persons are not covered by UK GDPR or the Data Protection Act 2018. Instead, access is governed by the Access to Health Records Act 1990, which is specifically designed to balance privacy and confidentiality, and the legitimate needs of families, executors, and claimants.
However, GDPR does apply to living third parties whose data may appear in the records. This creates clear compliance duties:
- Third party information must be redacted unless consent is given or another lawful basis applies.
- Providers must avoid inadvertent disclosure of personal data belonging to living individuals.
The AHRA 1990 extends only to health records. There is no equivalent statutory right of access to social care records for those with a claim arising from a death. Access to social care notes therefore relies on common law confidentiality, the Care Act 2014, and provider-specific policies.
Identity verification and fraud prevention
Before disclosing records, providers must:
- Verify the requester’s identity and legal authority (e.g. grant of probate or evidence of a claim).
- Ensure the request is sufficiently specific and proportionate, avoiding overly broad disclosure.
- Record the decision-making process as part of risk management and audit compliance.
How we can help
We regularly assist clients with probate-related disputes and claims arising from a death, including situations where access to medical records or social care records are required. We can:
- Advise on your entitlement to records under the Access to Health Records Act 1990.
- Make formal requests to GP practices, hospitals, and other healthcare providers on your behalf.
- Challenge refusals or inappropriate restrictions on disclosure.
- Use medical evidence to assess and pursue probate claims.
If you are unsure whether you are entitled to medical records or need support obtaining them as part of a potential claim, our commercial and private client litigation team can guide you through the process with clarity and sensitivity.
Co-authored by Matthew Burgess