Estate planning: Liability matters

24 September 2020 / Jennifer Haywood

Issue: 7903 / Categories: Features , Wills & Probate

Discharging estate liability can be a complex and challenging task. In the light of a recent decision, Jennifer Haywood outlines a court’s approach to ascertaining liabilities

In brief

Section 27 of the Trustee Act 1925 exempts personal representatives from liability for claims of which they do not have notice within two months of a suitable advertisement.
However, a personal representative may be regarded as being on notice of a class of claims, even if no one comes forward.
Re the Estate of Michael Studdert [2020] EWHC 1869 (Ch): a recent example of a personal representative being on notice, where there is reason to believe that the deceased has committed sexual assaults.

Being a personal representative can seem an invidious task. Claims against a deceased person endure against his estate (save for defamation), and a personal representative is obliged to ascertain the estate’s liabilities and arrangement for their payment in priority to any distribution to the beneficiaries. If a personal representative fails to discharge any estate liability, he may be personally liable.

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Estate planning: Liability matters

Discharging estate liability can be a complex and challenging task. In the light of a recent decision, Jennifer Haywood outlines a court’s approach to ascertaining liabilities

In brief

Section 27 of the Trustee Act 1925 exempts personal representatives from liability for claims of which they do not have notice within two months of a suitable advertisement.
However, a personal representative may be regarded as being on notice of a class of claims, even if no one comes forward.
Re the Estate of Michael Studdert [2020] EWHC 1869 (Ch): a recent example of a personal representative being on notice, where there is reason to believe that the deceased has committed sexual assaults.

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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Estate planning: Liability matters

In brief

In brief

MOVERS & SHAKERS

DWF—19 appointments

Cadwalader—Andro Atlaga

Knights—Ella Dodgson & Rebecca Laffan