Trustee Notices (Section 27) Gazette Notice

Official publication of an advertisement for potential creditors, protecting Executors from potential liability to unknown creditors pursuant to Section 27 of the Trustee Act 1925

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As an Executor or Administrator, one of your legal responsibilities is to discharge any debts against the estate, however it is not always apparent to whom the deceased may be liable. It is therefore recommended under the England and Wales Trustee Act 1925, Confirmation of Executors (Scotland) Act 1823, and the Trustee Act (Northern Ireland) 1958 that, following receipt of a Grant you place a statutory advertisement in The Gazette. You should also consider placing an advert in the local newspaper where the deceased held property or land

The placement of a notice helps demonstrate the reasonable steps have been taken to locate potential creditors prior to distributing estate assets. Personal Representatives in England placing a notice are subsequently afforded statutory protection against personal liability to any unknown creditor under Section 27 of the Trustee Act 1925, provided a minimum period of two months and one day has elapsed from the date of publication during which any creditors could contact the Personal Representative

Notably, under Section 27 clause 2(b) placing a notice for creditors does not free the trustees or personal representatives from any obligation to make advisable searches. Accordingly, you may wish to consider our Credits & Liability Search to electronically search digital credit records or our Financial Profile searches for a more comprehensive search of potential estate assets and liabilities

Failure to place a Section 27 Gazette Notice could result in the Personal Representatives becoming personally liable for any potential liabilities to creditors of the estate. As an alternative to placing a Gazette Notice it is possible to obtain “No S.27” insurance, an indemnity policy to protect both Executors and Beneficiaries from potential liability to unknown creditors. This is often a helpful option where the Executor is themselves a Beneficiary or there is time pressure

 

  • Official public entry in The Gazette
  • Elect to be published in London, Edinburgh or Belfast editions
  • Publication protects Executor from potential liabilities to Unknown Creditors after expiry of claims period

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Official public entry in The Gazette to advertise for potential creditors of deceased estates

£92 + VAT
  • Official Public Entry
  • London, Edinburgh or Belfast
  • Protects Executor from Unknown Creditors
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