Section 27 Notices – why do we recommend them to Executors of an estate?

June 23, 2023

If you are an Executor of an estate, you may find that you are asked whether you would like to place a Section 27 notice. It is often recommended that an Executor places two notices and a Solicitor can do this for you.

Section 27 of the Trustee Act 1925 requires any persons owed money by the estate to come forward within two months of the notice being advertised. The placing of these notices protects the Personal Representatives from creditors, who had not made themselves known to the estate, and who make a claim after the administration of the estate has been concluded.

Placing the notices helps to locate any unknown creditors before distributing an estate to its beneficiaries. This protects a Personal Representative from being personally liable for money owed to an unidentified creditor.

Before placing a notice

One of the following documents must be obtained:

1. A grant of probate
2. Letters of administration
3. A death certificate

When should these notices be placed?

There is no set rule so long as you have the above documents but they are usually placed around the time of applying for a grant of probate or letters of administration as these documents allow banks to release funds into the estate. Only when there are funds in the estate can a creditor be paid.

Where should these notices be placed?

Notices are often placed in The Gazette and a newspaper local to the deceased. Using a local newspaper brings the administration of the estate to the attention of anyone locally who may not have already looked in The Gazette. By placing the two notices in this way, a Personal Representative demonstrates that they have tried to cover a large geographic area and therefore increase the likelihood of any creditors seeing the notice. This will reduce the chance of a Personal Representative becoming personally liable for any unpaid debts.

If you have any further questions about Probate matters or need to instruct a Solicitor, call our Solihull office on 0121 705 7571, or our Dorridge office on 01564 779 393.

Sophia Kenna
Trainee Solicitor – Wills and Probate Department

This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.