IPW Autumn Journal 2026 (8) - Flipbook - Page 15
Why should you place a statutory notice in a newspaper when
someone dies?
Under the Trustee Act 1925, a statutory notice fulfils the legal obligation
to make reasonable efforts to locate creditors when administering an
individual’s estate.
It is always essential that personal representatives (executors and
administrators) work in the best interests of the estate and a huge
part of this is ensuring that the administration is carried out efficiently
and effectively. By placing a statutory notice in a local newspaper as
well as The Gazette, the personal representatives of the estate are
showing that they have taken sufficient steps to identify any debts or
liabilities that the estate may have before they make distributions.
Creditors will have at least 2 months and one day after the statutory
notice is published to make a claim against the estate. Once this
timeframe has passed, the personal representatives will then be free
to distribute the estate to the beneficiaries, and they will no longer be
liable for any potential claims after this. If a creditor appears after the
notice period, the personal representative will not be liable to settle
this debt. Creditors can still try to pursue the beneficiaries but not the
executors or administrators of the estate.
Do you legally have to place a notice in a local newspaper when
someone dies?
While not legally mandatory, it is an essential step during the
administration process as it offers significant legal and practical
benefits. This step demonstrates due diligence as it lowers the overall
risk and shows that the personal representatives have been legally
compliant and have followed the correct procedures to uncover
potential liabilities.
It is best practice for legal advisors to provide information on statutory
notices to the personal representatives when an estate administration
matter has commenced. This is important no matter how straight
forward or complex they believe the matter to be. The personal
representatives are not always aware of the risks involved and may
believe that they are fully aware of the deceased’s financial situation
which is not always the case. It is crucial that they are advised on the
importance of placing a statutory notice and the significant benefits
to them in doing so as the individual representing the estate.
