If you are the administrator or executor of a deceased person’s estate, you may wish to consider placing a deceased estates notice in The Gazette in order to alert potential creditors of your intention to distribute the estate to the beneficiaries. When a loved one dies, placing a deceased estates notice will probably be the least of your concerns; however, if you have any reason to believe that the deceased may have outstanding debts, failure to place a deceased estates notice could put you at risk. Therefore, to avoid any potential disputes, there are probate specialists that can help.
Here at Van Eaton Solicitors in Streatham, we have years of experience in dealing with contentious trusts and probate disputes, providing our clients with successful solutions to help them settle their claims as efficiently as possible. We can even publish the notice on your behalf, ensuring all legal requirements have been adhered to.
Is it a Legal Requirement?
When a loved one dies, the executors and administrators have no legal obligation to publish a deceased estates notice. However, it can prove that efforts have been made to reach out to and locate potential creditors, which protects both the executors and the trustees from being liable for any unidentified creditors once the estate has been distributed. If the deceased estates notice has not been placed, creditors can bring a claim if the estate has already been distributed, and as executor you may have some personal liability for the debts.
Section 27 of the Trustee Act 1925 states that creditors have two months from the date of the estates notice being published to contact the executors. When you contact a solicitor for probate services to help you with an inheritance dispute, they will often publish the notice on your behalf as part of their services. To find out more about our various practice areas, please visit us here.
How Do I Place a Deceased Estates Notice?
When attempting to place a deceased estates notice, you can publish it in The Gazette online. Also, if a property is involved in the estate, you can notify people of the death in your local newspaper too. You must be registered on The Gazette as either an individual or an organisation placing the notice. Before you place the notice, however, you must either have the grant of probate, letter of administration or death certificate for proof of death. There are different prices available when it comes to placing a notice, which you can view here. You can then choose which edition of The Gazette you would like the notice to appear in, before filling out the form.
As previously mentioned, creditors have two months to respond to the notice; if you have published the notice, you cannot be held liable for the estate being distributed, saving you from further financial losses or contentious disputes.
How We Can Help
Here at Van Eaton Solicitors in Streatham Hill, we can guide you through the probate process, step by step, as well as placing the deceased estates notice on your behalf. The administration of an estate should be a smooth process, but disputes involving claims of invalidity and inheritance provisions can stall proceedings. Therefore, by acquiring the help of a qualified team of probate specialists, you can ensure that your case is in the best hands.
We can also implement alternative dispute resolution to keep your case out of court wherever possible, leading to decreased costs and a more efficient process. To find out more, or to book a free consultation, please give us a call on 0208 769 6739. Alternatively, you can fill out our online form here.