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By Nicolae Trofin

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Why do we place legal advertisements

Section 27 of the Trustee Act 1925 provides for statutory advertisements which are to protect Personal Representatives (PR) from personal liability if an unknown claimant or beneficiary comes forward once the estate has been distributed.

PRs can be held personally liable if a future beneficiary, claimant or creditor comes forward even if they were totally unaware of their interest in the estate when distributing the estate.

S27 Trustee Act 1925 advertisements provide protection for the PRs against this liability.

Legal advertisements give notice that the PRs intend to distribute the estate and request for any person with an interest in the estate to submit the particulars to the PRs within the specified time limit; two months from the date of the publication.

These adverts are placed in the following: • London Gazette • Local paper (if the estate consists of property or land) • Any other local paper or national paper (if there is a second property in a different location or a business etc.)

Once the legal advertisements have expired, the PRs are able to distribute the estate in accordance with any will or intestacy provisions and will be protected against personal liability should a future claimant come forward.

It is very important to note that s27 TA 1925 only protects the PRs; it does not protect the beneficiaries of the estate. A claimant can still try and recover any funds due to them from the estate from the estate beneficiaries. The liability does not end with the PRs.

Where an intestacy situation arises or for any reason the estate does not have any named executors (i.e. where all named executors have predeceased), the personal representatives will not have authority to deal with the estate until they are in receipt of the relevant Grant of Representation. This means that legal advertisements should only be placed in the post-grant stages of the estate administration. In contrast, named executors have the legal authority to place legal advertisements as soon as the death occurs.

For any estate administration and probate matters we are able to provide with a free no obligation in Bexhill, Hastings, Battle, rye and anywhere in Sussex and Kent.

This message was added on Thursday 9th July 2020

APS Legal & Associates is a Member of the Institute of Professional Will Writers

APS Legal & Associates complies with the TSI Approved IPW Code of Practice

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