Personal liability of PR’s
PRs may be personally liable to beneficiaries or creditors coming forward/not paid, unless
PRs waits 6 months from date of grant to distribute assets, PRs will then not liable even if
court extends time to make claim.
Unknown beneficiaries or creditors - s27 Trustee Act 1925 place adverts and wait 2 months
before distributing residuary estate. If creditor/beneficiary do not make themselves known
after 2 months, PRs no longer liable, claim would be against beneficiaries holding assets
which can be taken away.
Known beneficiaries and creditors that cannot be found
advertise and keep back assets, or
distribute assets but insure against unknown beneficiary/creditor coming forward, or
apply for benjamin court order to protect against PRs liability.
Advertisement:
in London gazette,
in newspaper circulating in the district in which land owned by the deceased is
situated, and
‘such other like notices, including notices elsewhere than in England and Wales as
would, in any special case, have been directed by a court of competent jurisdiction in
an action for administration.’
If PR’s unsure, they should apply to the court for directions.
PRs may be personally liable to beneficiaries or creditors coming forward/not paid, unless
PRs waits 6 months from date of grant to distribute assets, PRs will then not liable even if
court extends time to make claim.
Unknown beneficiaries or creditors - s27 Trustee Act 1925 place adverts and wait 2 months
before distributing residuary estate. If creditor/beneficiary do not make themselves known
after 2 months, PRs no longer liable, claim would be against beneficiaries holding assets
which can be taken away.
Known beneficiaries and creditors that cannot be found
advertise and keep back assets, or
distribute assets but insure against unknown beneficiary/creditor coming forward, or
apply for benjamin court order to protect against PRs liability.
Advertisement:
in London gazette,
in newspaper circulating in the district in which land owned by the deceased is
situated, and
‘such other like notices, including notices elsewhere than in England and Wales as
would, in any special case, have been directed by a court of competent jurisdiction in
an action for administration.’
If PR’s unsure, they should apply to the court for directions.
