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The Gazette

Also known as: London Gazette, Official Public Record

Definition

The Gazette is the UK's official public record where executors can publish notices about deceased estates to protect themselves from personal liability for unknown creditors.

Placing a notice in The Gazette (and waiting two months) is one of the most important protections available to executors administering estates.

What Does The Gazette Mean?

The Gazette—formally The London Gazette—is the UK's official government newspaper and public record. Published continuously since 1665, it serves as the authoritative source for statutory notices including deceased estates, government appointments, insolvency notices, and state intelligence. The Gazette is recognized in law as the official place where certain announcements must be made for legal effect.

After obtaining Grant of Probate, executors can place a "deceased estates notice" in The Gazette under Section 27 of the Trustee Act 1925. This notice must also appear in a local newspaper, particularly if the deceased owned property. The notice requires creditors to come forward within a minimum two-month period. David administers his aunt's £180,000 estate. After receiving probate, he places notices in The Gazette and local paper for £115 total. During the two-month period, two creditors respond with claims totaling £560. When an unknown £2,400 claim emerges three months after distribution, David has no personal liability because he placed the Gazette notice.

Placing a notice is recommended but not legally mandatory. The protection is crucial: it shields you from personal liability for unknown creditors only. You must still pay debts you knew about, and creditors can still claim from the estate or beneficiaries. Emma administers her father's £650,000 estate without placing a notice to save £115. When a £18,000 supplier claim emerges after distribution, Emma faces personal liability—the £115 would have protected her. Professional executors and solicitors routinely place Gazette notices regardless of estate size, treating it as essential risk management.

Common Questions

"Do I have to place a notice in The Gazette when administering an estate?" No, placing a notice in The Gazette is not legally required. However, it's highly recommended because it protects you as executor from personal liability for unknown creditors. If you distribute the estate without placing a notice and an unknown creditor appears later, you could be personally liable for their debt.

"How long do creditors have to respond to a Gazette notice?" Under Section 27 of the Trustee Act 1925, creditors have a minimum of two months from the date of publication to come forward with claims against the estate. After this two-month period expires, you as executor are protected from personal liability for any unknown creditors who didn't respond.

"Does placing a Gazette notice eliminate all debts against the estate?" No, placing a Gazette notice doesn't eliminate debts—it only protects you from personal liability for unknown creditors. The debt still exists and creditors can claim from the estate itself or, if already distributed, potentially from beneficiaries. You remain liable for any debts you already knew about.

Common Misconceptions

Myth: Placing a Gazette notice is a legal requirement when administering an estate.

Reality: Placing a notice in The Gazette is recommended best practice but not legally mandatory. Section 27 of the Trustee Act 1925 provides a legal mechanism for protection if you place a notice, but it doesn't require you to do so. However, failing to place a notice means you have no statutory protection against personal liability for unknown creditors.

Myth: If I place a Gazette notice and wait two months, all unknown debts are wiped out.

Reality: The Gazette notice protects you as executor from personal liability for unknown creditors, but it doesn't eliminate the debts themselves. If an unknown creditor appears after the two-month period, they can still pursue the estate or, if assets have already been distributed, potentially recover money from beneficiaries. The protection is about your personal liability, not debt elimination.

  • Statutory Advertisements: The formal notices placed in The Gazette and local newspapers to protect executors from unknown claims.
  • Executor: The person who places notices in The Gazette to protect themselves from personal liability when administering estates.
  • Creditor: Individuals or organizations who respond to Gazette notices to make claims against the estate during the two-month period.
  • Section 27 Notice: The specific legal protection mechanism under the Trustee Act 1925 that requires notices in The Gazette.
  • Probate Process: The broader estate administration timeline during which Gazette notices are placed after receiving the Grant of Probate.

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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.