Section 27 notices: protecting executors from unknown debts

Section 27 notices: protecting executors from unknown debts

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Taking on the role of executor or administrator is a big responsibility. You’re not just distributing assets—you’re personally responsible for making sure all valid debts are paid before anyone receives their inheritance. If you miss a creditor, you could be held personally liable. That’s where Section 27 of the Trustee Act 1925 comes in. By following its procedure, you can protect yourself from unexpected claims and sleep a little easier.

What Is a Section 27 Notice and Why Does It Matter?

A Section 27 notice is a public announcement inviting anyone with a claim against the estate to come forward by a set deadline. If you publish these notices and wait for the period to expire, you gain significant protection. Creditors who don’t respond in time may lose the right to pursue you personally, even if their debt is valid.

Let’s break it down:

  • Public notice: You place adverts in The Gazette (the official public record) and usually a local newspaper where the deceased lived or owned property. The notice includes the deceased’s details and an address for claims.

  • Deadline: You set a clear date—commonly two months from publication—by which claims must be made.

  • Protection, not immunity: If a creditor comes forward after the deadline, they can still claim against any assets left in the estate or from beneficiaries who received distributions. But if you followed Section 27 in good faith, you’re generally protected from personal liability.

How and Where to Publish a Section 27 Notice

The process is straightforward, but attention to detail is key:

  1. The Gazette: This is the official place for legal notices. Go to The Gazette’s website, fill in the details of the deceased, and provide an address for claims. You’ll pay a small fee for publication.

  2. Local newspaper: Choose a paper that covers the area where the deceased lived or owned property. This helps reach local creditors who may not check The Gazette.

  3. Notice period: Two months is standard, but check the wording carefully. Make sure the deadline is clear and gives enough time for claims to be made.

Best Practice for Executors and Administrators

  • Wait for the notice period to expire: Don’t rush to distribute the estate. Hold off until the deadline passes, so you know you’ve given creditors a fair chance.

  • Keep records: Save copies of the published notices and proof of publication. File these with the estate paperwork—they’re your evidence if a dispute arises later.

  • Maintain a contingency fund: Even after the deadline, keep a modest reserve for unexpected bills, such as final utility charges or tax adjustments. This shows you’re acting prudently and protects beneficiaries from having to pay back money if a late claim appears.

Worked Example: Bringing It to Life

Imagine you’re the executor for your aunt’s estate. She lived in two different towns and ran a small business. You publish Section 27 notices in The Gazette and both local newspapers, giving two months for claims. No one responds. After the deadline, you distribute the estate, but keep back a small reserve for any last-minute bills.

A few weeks later, a credit card company contacts you about a debt you didn’t know existed. Because you followed Section 27, you’re not personally liable. The debt can only be paid from the money left in the estate or, if that’s gone, from the beneficiaries. You’ve done everything by the book, and your personal assets are safe.

Why Section 27 Notices Are Essential

Section 27 notices are a simple, cost-effective way to protect yourself. They’re especially important if the deceased had:

  • Multiple addresses or moved around frequently

  • Self-employment or business interests

  • Complex finances, such as several bank accounts or credit cards

Even in straightforward cases, publishing a notice is good practice. It shows you’re acting responsibly and gives everyone a fair chance to make a claim.

Key Takeaway

If you’re an executor or administrator, don’t skip Section 27 notices. They’re a low-cost, high-value safeguard that can save you from personal liability and future headaches. Publish in The Gazette and the local paper, wait for the deadline, keep good records, and hold a small reserve for surprises. You’ll protect yourself, the estate, and the beneficiaries—and honour your loved one’s legacy with care.

Disclaimer: This article is for general information only and does not constitute legal, financial or tax advice. Every estate is different, and outcomes depend on your specific circumstances. Take time to familiarise yourself with the rules and keep your paperwork up to date.

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