notice under s 27 of the trustee act 1925

barryjarcher
barryjarcher Posts: 67 Forumite
Part of the Furniture 10 Posts Combo Breaker
edited 11 September 2014 at 12:26PM in Deaths, funerals & probate
Wanting to keep solicitors fees to a minimum so looking to do this myself.

Don't belive my father would of had any debts (excluding CC) so;
  1. Is it recommended to do.
  2. If it is is there specail wording to be used
  3. Any particular circular required to be covered ie just local town or entire county
  4. Anything else I should be aware of?

Thanks
«1

Comments

  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    Wanting to keep solicitors fees to a minimum so looking to do this myself.

    Don't belive my father would of had any debts (excluding CC) so;
    1. Is it recommended to do.
    2. If it is is there specail wording to be used
    3. Any particular circular required to be covered ie just local town or entire county
    4. Anything else I should be aware of?

    Thanks
    Yes it is essential to do otherwise the executors can be liable for any debts not accounted for. Place the advert in a local paper and the London Gazette. This link shows you a recent notice you can crib the wording from.

    https://www.thegazette.co.uk/notice/2195451
  • Snuggles
    Snuggles Posts: 1,006 Forumite
    Part of the Furniture 500 Posts Name Dropper
    I am also going through this process and I know that I will have to place such a notice at some point.


    However, I am quite concerned about doing so due to having to publish the deceased's address. Is this not advertising the fact that there is a potentially unoccupied property, or am I just being overly cautious?
  • barryjarcher
    barryjarcher Posts: 67 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 11 September 2014 at 3:33PM
    g6jns wrote: »
    Yes it is essential to do otherwise the executors can be liable for any debts not accounted for. Place the advert in a local paper and the London Gazette. This link shows you a recent notice you can crib the wording from.

    https://www.thegazette.co.uk/notice/2195451

    Although my father never worked outside of his home town (60 miles from London) dont see why I would put it out in London?
    Snuggles wrote: »
    However, I am quite concerned about doing so due to having to publish the deceased's address. Is this not advertising the fact that there is a potentially unoccupied property, or am I just being overly cautious?

    Dont think so and a good point is the address required as it does kind of feel like a target being drawed on the house for burglars & squatters.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    If the executor is a significant beneficiary it has little protection as the debts can still be chased, if pretty sure of the finances you could consider the risks.
  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    edited 12 September 2014 at 10:12AM
    Although my father never worked outside of his home town (60 miles from London) dont see why I would put it out in London?



    Dont think so and a good point is the address required as it does kind of feel like a target being drawed on the house for burglars & squatters.
    Well you have to publish the correct address because the purpose of the notice is to enable anyone owed money to identify the deceased. It is standard procedure. If you don't publish the notice then then you have to wait twelve years before any claims become statute barred.
  • Savvy_Sue
    Savvy_Sue Posts: 47,141 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Although my father never worked outside of his home town (60 miles from London) dont see why I would put it out in London?
    The point about it going in the London Gazette is that you've covered your back.

    Rather than scanning all the local papers across the UK, debtors can just look there. I don't know if DWP look there, they certainly take their time about saying money is owed.

    Equally, publishing locally allows local debtors to spot the notice.

    In my experience, the local paper was significantly more expensive than the London Gazette!
    Dont think so and a good point is the address required as it does kind of feel like a target being drawed on the house for burglars & squatters.
    The only thing we were targeted with was offers to buy the house, for cash. The possibility that someone might still be living in it was not referred to.
    Signature removed for peace of mind
  • Mrs_Money
    Mrs_Money Posts: 1,602 Forumite
    Part of the Furniture
    I'm just about to do the notice for my late relative's estate in the London Gazette.
    I can't see how to do this and I've read the website again and again! I can see the price list, but it seems that if you want to do the ad by webform, you need to have a credit account with TSO (used to be HMSO) and I've now begun reading their website - no clue on there how to do the credit account!
    They state that the notice can be done by post (and I assume then that I could pay by cheque) but I can't even see how they want this done either - any help would really be appreciated!
  • Mrs_Money
    Mrs_Money Posts: 1,602 Forumite
    Part of the Furniture
    Anyone know?
  • G6JNS
    G6JNS Posts: 563 Forumite
    Mrs_Money wrote: »
    Anyone know?
    Phone them. They are quite helpful.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If the executor is a significant beneficiary it has little protection as the debts can still be chased, if pretty sure of the finances you could consider the risks.

    It isn't necessary to advertise in the LG if, as described above, the executor is the main beneficiary.

    If debts appear later on and the executor is willing to settle them out of their inheritance, you can miss out the advert and save the time that has to be left after the advert goes in.

    It's not recommended to miss out on the advert if you don't know much about how the deceased's managed their finances or don't want to keep money in reserve for years in case a creditor appears.
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