The Gazette Deceased Notice

Bolt1234

A notice has appeared in the Gazette for my parents death but it shows his address as their old house rather than the care home he lived in for over 3 years.  Is that an issue? He sold the house when he moved into the care home.

Any legal implications?

Sarahspangles

You’re giving possible creditors a chance to raise a claim on his estate.  Was it possible for him to contract with anyone apart from the care home after he moved?  

user1977

Unlikely to matter in the slightest.

Is there any actual suspicion that he had creditors you don't already know about? I don't really see the point of such notices at all in the vast majority of cases, unless the deceased was e.g. self-employed with chaotic finances. If somebody was living in a care home for several years, they're hardly likely to have been running up new secret debts or not to have any previous creditors catch up with them - and creditors would know him as being of his previous address anyway, surely?

Sarahspangles

user1977 said:

I don't really see the point of such notices at all in the vast majority of cases, unless the deceased was e.g. self-employed with chaotic finances.

Yep, we paid up taking the view that it’s an insurance policy against spurious claims years afterwards. In fact I’m surprised such an antiquated process still persists.

badmemory

If you are executor & were also POA for a couple of years (& probably cleared their home too) then putting this advert in is likely to be a waste of time/effort anyway.  Unless to paraphrase user1977 they had led a somewhat chaotic life stop worrying.

Keep_pedalling

It is still important if the executor is not a major beneficiary but otherwise pretty is mainly pointless.

GhibliFan

It does seem antiquated (and expensive), but at least it gives a date for the Executor  to start distributing to the beneficiaries without the worry of any unexpected late claims appearing.  

Bolt1234

I am the executor and POA.  There is a fair amount of money and I am also one of three main beneficaries.  Its done now and I can see now why they used his old address.  He did nothing at the care home and I had all his cards so actually that address would have been useless.  Yes, he did leave a chaotic life but was hoarding money rather than spending any of it.

If there are creditors (I dont beleive there are tbh) then at least it covers us as it shows we have tried.  

Frogletina

Bolt1234 said:

I am the executor and POA.  There is a fair amount of money and I am also one of three main beneficaries.  Its done now and I can see now why they used his old address.  He did nothing at the care home and I had all his cards so actually that address would have been useless.  Yes, he did leave a chaotic life but was hoarding money rather than spending any of it.

If there are creditors (I dont beleive there are tbh) then at least it covers us as it shows we have tried.  

Posting in the Gazette covers executors, but not beneficiaries.  As you say, in this case, there is unlikely to be any creditors, but if there are, then having a notice in the Gazette does not protect you at all as you are also a beneficiary. 

[Deleted User]

My father died recently after being in a care home for four years. He left his share of the house in an IPDI trust to my mother and a few thousand pounds in a discretionary trust. My brother and I are trustees, beneficiaries and executors, and our other two siblings are beneficiaries.

Am I right in thinking that placing a deceased notice is going to be pretty pointless? He wasn't in a state to have accrued any debt in the last four years, and I think it would only protect us as executors and not as beneficiaries wouldn't it? Also, if a debt did surface then could any creditor claim against the half of the house held in the IPDI trust or only against the discretionary trust?

Keep_pedalling

For executors who are well aware of the testators financial affairs it would be pointless. Creditors would not normally go after the IPDI as the legal cost of doing so would be too high although I suppose they could always put a charge against the property

I would also look to see if you can avoid the pain of having to manage a very small discretionary trust.