Importance of the Register

6022tivo

Hi

I have been dealing with the wellbeing and finantial affairs of a close relative for over 20 years. I am the executor and have finilised all the estate and have just received the probate grant of representation.

I can now pay off the debts (nursing home final invoice,repayment of overpayment of pension) and pay the beneficiaries (my two children).

I have noticed I have not done the notice in the local paper or the government register.

My question.. is this a LEGAL requirement?
My understanding is that it protects me if someone thinks the deceased owes them money?

I'm not happy to have my details in the paper or register as the deseased had one sibling who will cause issues who she disowned 25 years ago.. can't be bothered with them coming out the woodwork.

What is my legal obligation here. What am I exposed to if I don't? I know she has no other debts outstanding as I have looked after her finances for years.

Cheers.

G6JNS

6022tivo wrote: »

Hi

I have been dealing with the wellbeing and finantial affairs of a close relative for over 20 years. I am the executor and have finilised all the estate and have just received the probate grant of representation.

I can now pay off the debts (nursing home final invoice,repayment of overpayment of pension) and pay the beneficiaries (my two children).

I have noticed I have not done the notice in the local paper or the government register.

My question.. is this a LEGAL requirement?
My understanding is that it protects me if someone thinks the deceased owes them money?

I'm not happy to have my details in the paper or register as the deseased had one sibling who will cause issues who she disowned 25 years ago.. can't be bothered with them coming out the woodwork.

What is my legal obligation here. What am I exposed to if I don't? I know she has no other debts outstanding as I have looked after her finances for years.

Cheers.

There is no obligation but it does protect you against unknown creditors, It is not wise to ignore doing it. Can you give an address such as your solicitor?

troubleinparadise

I would imagine that having handled the financial affairs of your relative for over 20 years, the likelihood of an unknown debt or financial commitment coming out of the woodwork would be virtually nil.

Whilst the advertisement in the Gazette or newspaper provides an "insurance" for the executor, having been in a similar situation to yourself I did not advertise, and no unknown debts or financial dealings have appeared since.

There is no legal requirement to place that advertisement.

I wouldn't worry unduly.

6022tivo

troubleinparadise wrote: »

Whilst the advertisement in the Gazette or newspaper provides an "insurance" for the executor.

What do you mean by "insurance" for the executor.

konark

In your case the notice is not needed, it is really to protect the executor when they are distributing an estate to people who are not immediate family. The notice does not stop people from making a claim from the estate even after the date specified on the notice. All it does is stop the creditor demanding the money from the executor if the estate has been distributed. The creditor can still pursue the debt from the beneficiaries. In your case executor and beneficiaries are close relatives so no advantage is gained.

Savvy_Sue

You can place the notices in the London Gazette without giving your own address, but the advice above stands: no legal requirement to do so.

troubleinparadise

6022tivo wrote: »

What do you mean by "insurance" for the executor.

An element of protection against liability should a debt appear after distribution of the estate, which would normally be the responsibility of the executor.

I used the term "insurance" as shorthand for the above; this link takes you to the Gazette's own explanation:

https://www.thegazette.co.uk/wills-and-probate/content/137

I hope that is clearer.

6022tivo

It is not my money, so I might just do it. It's getting expensive if I don't want to use my address, a forwarding address costs takes the entry to over £100..

I have the feeling the old distant relative will challenge the estate in years to come, and I don't want a solicitor to say I did not follow the process correctly with regards to the register..

But as it is not a legal requirement, that may be a sufficient answer...

I do over think things..

nom_de_plume

You could investigate Executors Insurance if you have concerns. This is actual insurance for executors as opposed to the 'insurance' referred to above.

G6JNS

6022tivo wrote: »

It is not my money, so I might just do it. It's getting expensive if I don't want to use my address, a forwarding address costs takes the entry to over £100..

I have the feeling the old distant relative will challenge the estate in years to come, and I don't want a solicitor to say I did not follow the process correctly with regards to the register..

But as it is not a legal requirement, that may be a sufficient answer...

I do over think things..

Is it likely that the relative actually has any valid claim? Unless they were financially dependent then it is very rare for such a claim to succeed.

6022tivo

He hasn't, but knowing how he works, it would not surprise me if he made up a document that is 30 years old that says the deceased lent £20,000k to be paid upon death,

He is that warped...