header-logo header-logo

Home Login E-newsletter About us
24 September 2020 / Jennifer Haywood
Issue: 7903 / Categories: Features , Wills & Probate
printer mail-detail

Estate planning: Liability matters

© Copyright LexisNexis 2026. All Rights Reserved.
28046
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.

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

MOVERS & SHAKERS

Read All
NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS
Read All
NLJ this week: Appeal court reins in ‘wrong defendant’ switcheroo

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

NLJ this week: Driving test fraudsters steer towards jail
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
NLJ this week: Deepfakes demand data law muscle
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
NLJ this week: 40% penalty for coercive control
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
NLJ this week: Mbappé row spotlights ‘ethics bonuses’
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
Copyright © 2026 LexisNexis
back-to-top-scroll