No Section 27 Notice Insurance
The policy provides protection to the personal representative against a claimant proving or attempting to prove a legal right of recovery for a liability from the estate where no notice has been given under the Trustee Act 1925 (the Act) and recovery cannot be made from the net estate or the beneficiaries to whom funds have been distributed.
The process of giving notice under Section 27 of the Act 1925 can be cumbersome and time consuming.
This insurance policy has been specifically created which allows the personal representative to distribute the estate without such notice being given.
Due to the uncertainty about debts for which the deceased may have been liable, professional personal representatives will, in many cases, wish to protect themselves by advertising in the London Gazette and in local newspapers in the area where the deceased owned any land or had other interests, as required by the Act. The notice provides for a two month period during which claimants can contact the personal representatives, upon the expiry of which the estate may be distributed by them having regard only to those claims of which they had notice.
- Allows early release of funds to beneficiaries if required, provided a grant of representation has been obtained
- Saves on administration costs where there is no knowledge of any interested creditors
- Removes the risk to personal representatives of personal liability in the event of a successful creditor claim after distribution of the estate
What The Policy Covers
- The amount of the personal representatives’ legal liability to any unknown creditor of the deceased
- Costs incurred with the consent of the insurer in defending any action brought by the claimant against the personal representative
- Any other costs and expenses incurred with the prior consent of the insurer