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The Trustee Act 1925 notice to creditors is one of the most important protections available to executors. Distributing the estate without placing this notice — and without waiting the required 2-month period — leaves you personally liable if an unknown creditor subsequently emerges. This guide explains when, how, and where to place the notice. For an overview of paying debts in the right order, see our guide to paying the estate's debts in the correct order.
Under section 27 of the Trustee Act 1925, a personal representative (executor or administrator) who distributes an estate after placing the required notices is protected from personal liability to creditors who did not come forward within the notice period — even if those creditors have a valid claim.
Without this protection, an executor can be personally sued by a creditor who was unaware of the death, even years after the estate has been distributed. This risk is real and can be financially devastating. The cost of placing the notice (typically £100–£200) is negligible compared to the potential liability.
For background on what types of debts survive death, see our guide to debts after death.
Under the Trustee Act 1925, the notice should be placed in:
Both notices are required to obtain the full protection of the Trustee Act. The Gazette notice alone, without a local newspaper, may not give complete protection in all circumstances.
The simplest method is via The Gazette's online portal at www.thegazette.co.uk. The process is:
A standard Trustee Act section 27 notice includes:
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The Gazette's online portal guides you through a template — you do not need to draft the wording yourself.
After publication, you must wait at least 2 months from the date the notice is published before distributing any estate funds to beneficiaries. This gives creditors the chance to come forward.
During this period, continue collecting assets, paying known debts and taxes, and preparing the estate accounts. You can make interim distributions from uncontested portions of the estate before the 2 months is up if you are confident there are no outstanding debts — but waiting until the period expires is safest.
Place the Gazette notice as soon as you have obtained the Grant of Probate (or Letters of Administration). The 2-month wait can run concurrently with other estate administration tasks — collecting assets, paying IHT, filing SA900 — so there is no reason to delay placing it.
If you place the notice before probate is granted, it will still be valid for Trustee Act purposes — but most practitioners recommend waiting until the Grant is issued to avoid any practical complications.
Once the notice period expires and all known creditors have been paid, you can distribute to beneficiaries. However, even with a valid Gazette notice, you must still pay all debts you are aware of — the notice only protects you from unknown creditors.
For the order in which estate debts must be paid, see our guide to paying estate debts in the correct order of priority. For distributing cash to beneficiaries, see our guide on distributing cash to beneficiaries. For the full administration checklist, see our estate administration checklist. Use our free estate administration tool to track your progress.
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