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Statutory Advertisements

Also known as: Section 27 Notices, Trustee Act Notices

Definition

Statutory advertisements are public notices that executors place in The Gazette and local newspapers to find unknown creditors and beneficiaries, protecting themselves from personal liability for claims made after distributing the estate.

Understanding statutory advertisements helps executors avoid personal financial risk when administering estates, particularly when there's any uncertainty about outstanding debts or missing heirs.

What Are Statutory Advertisements?

Statutory advertisements (also called Section 27 notices or Trustee Act notices) provide legal protection for executors under Section 27 of the Trustee Act 1925. While not legally required, these public announcements help find anyone with a claim against a deceased person's estate—whether creditors owed money or unknown beneficiaries entitled to inherit. Executors must place advertisements in two locations: The London Gazette (the UK's official public record) and a local newspaper circulating in the area where the deceased owned property.

The process works straightforwardly. After obtaining the grant of probate, executors place advertisements announcing the deceased's death and inviting claims. Creditors and beneficiaries then have a minimum two-month period to come forward. After this waiting period expires, executors can distribute the estate with legal protection—they're not personally liable if unknown claims emerge later. The cost typically runs around £200, paid from estate funds rather than the executor's own money.

Consider Sarah, who obtained probate for her father's £280,000 estate. She placed statutory advertisements in The Gazette and the Exeter local newspaper, then waited two months. Three creditors came forward with legitimate claims totaling £6,500, which Sarah paid from the estate. She distributed the remaining £273,500 to beneficiaries. Four months later, a business associate claimed her father owed him £15,000 from 2018. Because Sarah had placed the advertisements and waited the required period, she was protected—she didn't have to pay this claim from her own money.

However, important limitations exist. Statutory advertisements only protect against unknown claims, not debts the executor already knew about. They don't protect against Inheritance (Provision for Family and Dependants) Act 1975 claims, where family members contest the will's provisions. Significantly, Department for Work and Pensions benefits overpayment claims can emerge even after the two-month period—though recent DWP guidance confirms they will withdraw claims if executors provide evidence of proper notices and the estate has been fully distributed. Creditors who miss the deadline can still claim from beneficiaries who received distributions, though they cannot hold the executor personally liable.

Common Questions

"Do executors have to place statutory advertisements?" No, statutory advertisements are not legally required. However, they're strongly recommended because they protect executors from personal liability if unknown creditors or beneficiaries come forward after the estate has been distributed. Without this protection, executors may have to pay claims from their own money. Given the typical £200 cost versus potentially unlimited personal liability, most professional executors and solicitors place them routinely.

"How long do creditors have to respond to statutory advertisements?" Creditors have a minimum of two months from the date the advertisements are published to come forward and make claims against the estate. Executors should not distribute the estate until this two-month period has passed to ensure they receive maximum protection under Section 27 of the Trustee Act 1925. Distributing before the deadline expires removes the protection.

"Where must statutory advertisements be placed?" Statutory advertisements must be placed in two locations: The London Gazette (the UK's official public record) and a local newspaper circulating in the area where the deceased owned property. Both advertisements must run for at least two months to provide proper legal protection under the Trustee Act 1925. If the deceased owned property in multiple locations, advertisements may be needed in multiple local newspapers.

Common Misconceptions

Myth: Statutory advertisements are legally required, so I must place them before distributing the estate.

Reality: Statutory advertisements are not legally required in England and Wales—executors can legally distribute an estate without them. However, without these advertisements, executors take on personal financial risk. If an unknown creditor or beneficiary comes forward later, the executor may be personally liable to pay the claim from their own money. The term "statutory" refers to the legal protection provided by statute (Section 27 of the Trustee Act 1925), not to a legal obligation.

Myth: Once I've placed statutory advertisements and waited two months, I'm protected from all future claims against the estate.

Reality: Statutory advertisements only protect against unknown claims—they don't cover debts or beneficiaries the executor already knew about, Inheritance Act 1975 family provision claims, or Department for Work and Pensions benefits overpayment claims (though DWP will now withdraw claims if proper notices were placed and the estate is fully distributed). Additionally, creditors who miss the deadline can still claim from beneficiaries who received distributions—they just cannot hold the executor personally liable.

  • The Gazette: The official UK government journal where statutory advertisements must be placed as one of two required publications.
  • Executor: The person responsible for placing statutory advertisements as a protective step during estate administration.
  • Creditor: People owed money by the deceased who statutory advertisements are designed to reach within the two-month notice period.
  • Estate Protection: The broader concept of protecting estates from claims, with statutory advertisements being one specific protective mechanism.
  • Trustee Act 1925: The legislation providing the legal foundation for statutory advertisement protection through Section 27.

Need Help with Your Will?

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.