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Under the Access to Health Records Act 1990, the personal representative of the deceased's estate (the executor or administrator) has the primary right of access. A person with a claim arising from the death (such as a dependant pursuing a claim) may also apply. Next of kin who are neither personal representatives nor claimants have no automatic entitlement, but many NHS trusts exercise discretion.

Healthcare providers and NHS trusts require formal evidence of the relationship between the applicant and the deceased before releasing sensitive records. An affidavit sworn before a solicitor or commissioner for oaths provides a higher standard of proof than an unsworn letter. It confirms the deponent's identity, their relationship to the deceased, and the absence of any surviving personal representative who should be applying instead.

Healthcare providers may redact or withhold parts of a deceased patient's records that relate to identifiable living third parties, whose own data protection rights continue under the UK GDPR. The Access to Health Records Act 1990 expressly preserves this right of refusal. The next of kin affidavit will not override these protections; the provider retains discretion over what to disclose.

For living adults with mental capacity, the patient must consent to any disclosure under the UK GDPR. A next of kin affidavit is not a substitute for that consent. For patients lacking capacity, access is governed by the Mental Capacity Act 2005 and any applicable lasting power of attorney for health and welfare. The affidavit format is primarily designed for deceased-patient record requests.

NHS England's Records Management Code of Practice 2021 sets out retention schedules. Adult health records are generally retained for a minimum of eight years after the last entry, or until the patient's 25th birthday if later. Children's records are kept until the patient's 26th birthday. Access requests should be made within the retention period; once records are destroyed, retrieval is no longer possible.

The affidavit should state the full name and date of death of the deceased, the deponent's name and relationship, the purpose of the access request (such as supporting a coroner's inquiry or civil claim), and confirmation that no personal representative has been appointed or that the applicant is themselves the personal representative. Supporting evidence such as a death certificate is typically attached as an exhibit.

Yes. Coroners in England and Wales have broad powers under the Coroners and Justice Act 2009 to obtain any documents or records relevant to an investigation into a death. Family members who are interested persons in an inquest can request disclosure of medical records through the coroner. A next of kin affidavit may assist in demonstrating standing as an interested person where this is in dispute.

The same legal framework applies to both, but in practice procedures vary. GP surgeries typically process requests under the Access to Health Records Act 1990 directly, whereas NHS hospital trusts may have dedicated information governance teams. Both may require a completed access request form, a certified copy of the death certificate, and evidence of the applicant's identity and relationship to the deceased.