Why the Trustee Act recommends placing a deceased estates notice

Placing a deceased estates notice in The Gazette should be on everyone’s probate checklist. But what is Section 27 of the Trustee Act 1925? And why does it encourage notice placement?

Section 27 of the Trustee Act 1925 Deceased Estates Notice

What is Section 27 of the Trustee Act 1925?

As an executor of a will, one of your responsibilities is to deal with any claims against the deceased’s estate. Therefore after you receive grant of probate, it’s recommended (under the Confirmation of Executors (Scotland) Act 1823, the England and Wales Trustee Act 1925, and the Trustee Act (Northern Ireland) 1958) that you put a statutory advertisement in The Gazette and a local newspaper.

Section 27 of the Trustee Act 1925 sets out a minimum of two months from the date of publication during which any creditors should contact executors. If the estate includes a property, a notice should also be put in a newspaper local to the property. The Gazette offers a newspaper notice placement service, which can be ordered with your deceased estate notice.

Why is it important to place a deceased estates notice?

Placing a deceased estates notice ensures that enough effort has been made to locate creditors before distributing an estate to beneficiaries. This protects the executor, as well as the trustee, from being liable for any unidentified creditors.

Should a notice not be placed, and a creditor subsequently comes forward after the estate has been distributed, then you may have some personal liability for an unidentified debt.

How do I place a deceased estates notice in The Gazette?

The Gazette offers a complete deceased estates notice placement service, so you can place a notice in both a local newspaper and online in The Gazette in one easy step.

To do so, firstly you must be registered on The Gazette as either an individual or organisational notice placer. If you are currently logged in as a researcher, you will not be able to place notices under this account.

Follow these five simple steps to placing a deceased estates notice in The Gazette:

  1. Before you begin: you must have obtained at least one of the following: grant of probate, letter of administration or death certificate.
  2. Consider your options: see our price list to find the cost of placing a notice. We also offer a forwarding service, which replaces your address with The Gazette's postal box, so we can forward all correspondence to you while your address stays private. You can also submit your newspaper advertisement through The Gazette. We offer a simple flat rate to place your advertisement in a newspaper that is local to the deceased. You will be provided with a PDF copy of your newspaper advert. You can also buy a pdf or printed copy of your notice, if required. These options can be selected as you place your notice.
  3. Once you are ready to place a notice: register or sign in, and then go to 'Place a notice' from the 'My Gazette' dropdown.
  4. Complete the form: select which Gazette edition, then 'Personal Legal' and 'Deceased Estates', and fill out the remaining fields, including uploading the required documentation.
  5. Submit: finally submit your notice and check out.

See also

Place a Deceased Estates notice

What to do after someone dies: a checklist

Online probate service expanded in national trial

Find out more

Applying for probate (Gov)

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