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24 September 2020 / Jennifer Haywood
Issue: 7903 / Categories: Features , Wills & Probate
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Estate planning: Liability matters

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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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