London Gazette

BusyLizzie1878

Any thoughts? Background:  I am one of two Executors dealing with my brother’s estate. The other Executor is his partner and (the main beneficiary). It has been a complex process so far as partner was unaware of the content of the will, unaware that my brother had asked me to be one of the Executors and unaware that he’d left one of the properties to my son (his nephew). The estate involves 4 properties owned solely by my brother plus numerous insurance policies (which only came to light after much digging) - partner didn’t really seem to have much of a handle on brother’s affairs.  Just received grant of probate (after almost a year).  Net estate is £800k+ after IHT (Includes the 4 properties). Probate Solicitor is dealing but myself and the other Executor now disagree about whether need to advertise for creditors in Gazette and local paper. Probate Solicitor stance is not helpful in resolving this and has said ‘it’s up to you’. My view is that it should be advertised as it is relatively inexpensive in terms of overall estate value and I want to protect myself from a creditor showing up and making a claim on me personally (as an Executor). I’m conscious that there were some areas of my brothers life that he’d not shared with his partner (contents of will, details of insurances, etc) so don’t want any surprises. I appreciate that any creditors that might appear would seek any monies from partner as the main beneficiary but I’m not certain she will even remain in the UK.  So after all that background (sorry if I’ve gone on a bit!) my question is: Can I place the advert in the gazette/local paper myself (without partners agreement) and claim costs back from the estate? 

SevenOfNine

Happy to stand corrected, but my understanding was that if there are any creditors, (including HMRC if correct tax hasn't been paid), it's the EXECUTORS they'll chase.

Marcon

BusyLizzie1878 said:

Any thoughts? Background:  I am one of two Executors dealing with my brother’s estate. The other Executor is his partner and (the main beneficiary). It has been a complex process so far as partner was unaware of the content of the will, unaware that my brother had asked me to be one of the Executors and unaware that he’d left one of the properties to my son (his nephew). The estate involves 4 properties owned solely by my brother plus numerous insurance policies (which only came to light after much digging) - partner didn’t really seem to have much of a handle on brother’s affairs.  Just received grant of probate (after almost a year).  Net estate is £800k+ after IHT (Includes the 4 properties). Probate Solicitor is dealing but myself and the other Executor now disagree about whether need to advertise for creditors in Gazette and local paper. Probate Solicitor stance is not helpful in resolving this and has said ‘it’s up to you’. My view is that it should be advertised as it is relatively inexpensive in terms of overall estate value and I want to protect myself from a creditor showing up and making a claim on me personally (as an Executor). I’m conscious that there were some areas of my brothers life that he’d not shared with his partner (contents of will, details of insurances, etc) so don’t want any surprises. I appreciate that any creditors that might appear would seek any monies from partner as the main beneficiary but I’m not certain she will even remain in the UK.  So after all that background (sorry if I’ve gone on a bit!) my question is: Can I place the advert in the gazette/local paper myself (without partners agreement) and claim costs back from the estate? 

Given the modest cost of placing the advertisement in relation to the value of the estate/value to your peace of mind, and the friction it seems to be causing, why not place it and pay for it yourself? https://www.thegazette.co.uk/place-notice/pricing

badmemory

From what you have written it would seem to me that this is exactly the type of estate which should advertise in the Gazette as nobody seems to know the ins & outs of his financial dealings.

Thrugelmir

As an executor with legal responsibilities and potential personal liability. Cover your own backside. Small price to pay in the grand scheme of things. 

BusyLizzie1878

Thanks everyone - yes will be placing notice and then claim cost as Executor expense for the cost of advertising from the estate funds. I don’t want someone turning up years down the line trying to chase me for payment (I’m not a beneficiary btw)