The Gazette, formerly the London Gazette is especially important in protecting both executors against unexpected or unknown debts. As well as Asset Searches, it is an important consideration in the probate process when looking to protect both executors and beneficiaries, See video below.
Whilst the executors would have some protection with a Section 27 Notice, the beneficiaries do not. Section 27 insurancecan be arranged with or without a S27 notice and protects both the executors and beneficiaries against claims from unknown creditors. Both should be considered, and costs and benefits compared.
Why place a Section 27 notice in the Gazette?
A Section 27 Notice, also known as a Statutory Advertisement, is an advertisement in the Gazette and a local paper (and sometimes trade papers too) that a personal representative or trustee places to announce the death of an individual. It acts as an official record to inform any potential creditors that the individual has died and that their estate will be distributed soon, allowing creditors time to make their claims against the estate for owed money. This important legal step was enacted by Section 27 of the Trustee Act of 1925 and is intended to protect personal representatives of the estate from creditors and beneficiaries.
The executor/s are responsible for dealing with any claims against the estate. It is prudent to place an advertisement in The Gazette and a local newspaper to find creditors who are owed money by the estate. The Section 27 notice contains the details of a deceased person and the executor/administrator, so that any person with a claim against (or an interest in) the deceased person’s estate can come forward. To avoid your home address being on The Gazette as a permanent record, they do offer a Post Box service at extra cost. Placing a deceased estates notice shows that enough effort has been made to locate creditors before distributing an estate to its beneficiaries (the people who will inherit the estate). This protects the executor from being personally responsible for money owed to any unidentified creditors. If you don’t place a notice and a creditor comes forward after the estate has been distributed, then you may have to pay the creditor yourself. Somewhat annoying!
How do I place a Section 27 deceased estates notice in the Gazette?
Obtain at least one of the following documents: grant of probate, letter of administration or death certificate, which you will need when placing the notice.
Create an account or sign in: as a deceased estates notice placer, here
Select the appropriate notice: go to ‘Place a notice’ from the ‘My Gazette’ drop-down. Select the appropriate Gazette edition, then ‘Personal Legal’ and ‘Deceased Estates’
Complete the form: Fill out the remaining fields, including uploading the required documentation. See our price list to find the cost of placing a notice.
Select additional services: Select the additional services you want to include as part of your order:
PO Box forwarding service: ensure your address remains privateOur forwarding service replaces your address with The Gazette’s postal box, so we can forward all correspondence to you, while your address stays private. Bear in mind that if you don’t take this service, your address will be permanently recorded in the public domain.
Place a notice in local newspapersYou can also submit your newspaper advertisement through The Gazette. We offer a simple, flat rate to place your advertisement in a newspaper that is local to the deceased. You will be provided with a pdf copy of the advert. You can also buy a pdf or printed copy of your notice, if required. It can be cheaper to do the local paper one direct, if you are a lay executor. For professionals, any saving is likely to be less than the extra time taken.
Buy a voucher copy for your recordsYou can also buy a voucher copy of your notice, if required. This can be in PDF format, or a copy pf the printed Gazette,
Submit your notice and check out.
What happens after I have placed a deceased estates notice?
Once the deceased estates notice has been placed, creditors have 2 months and 1 day to make a claim against the estate. For more details of the other searches for unclaimed assets etc which should at least be considered, click the link or use the enquiry form.
[contact-form to=”in**@*********************co.uk,da****@*************ta.com” subject=”Asset Search Enquiry via TPD”][contact-field label=”Name” type=”name” required=”1″][contact-field label=”Email” type=”email” required=”1″][contact-field label=”Phone numbers” type=”text” required=”1″][contact-field label=”I am” type=”select” required=”1″ options=”Solicitor/ lawyer,Executor,Next of Kin,Beneficary,Other (give details below)”][contact-field label=”Type of Search Needed” type=”checkbox-multiple” required=”1″ options=”Will Search/ Newer Will Search,Undiscovered Liability Search,Asset Search,Gazette & Local Paper Notice to Creditors”][contact-field label=”Any Notes?” type=”text”][/contact-form]
An Alternative
Section 27 Indemnity Insurance
A Section 27 Notice only provides protection to the executors if an unknown creditor makes a claim against the estate. In the absence of insurance, this debt could be left to the beneficiaries to settle. Section 27 Insurance will respond if a claim from an unknown creditor is received after the estate is distributed. The insurance policy can be arranged with or without a Section 27 Notice and will cover any legal costs and award. This will give peace of mind to the beneficiaries, knowing if there is a claim, they have nothing further to pay.You can find out more or get a quote from Insuristic for Section 27 Indemnity Insurance.For other covers which may be relevant to protecting executors click.
The Gazette, formerly the London Gazette is especially important in protecting both executors against unexpected or unknown debts. As well as Asset Searches, it is an important consideration in the probate process when looking to protect both executors and beneficiaries, See video below.