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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6933
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My brother passed away abroad without a will. I am his

Resolved Question:

My brother passed away abroad without a will . I am his personal representative and beneficiary being his only sibling. I have been told that there is a discretionary requirement S. 27 Trustee Act 1925 whereby I must place an advert in the gazette here in the UK where he owned properties and abroad too where he lived for 20 years . Both of us are British citizens.
If someone makes a claim what is my standing ? If this is discretionary and also a requirement it makes it ambiguous? I find it confusing. Also if I have paid the inheritance tax and someone makes a claim , do I get the tax refunded ? It is all so very confusing . What if I do use the discretionary option and do not put an advert in the gazette , where do I stand ?
Submitted: 1 year ago.
Category: Law
Expert:  Michael Holly replied 1 year ago.

The purpose of putting the advert in the gazette is to protect you from claims which are made after the deadline in the advert later as you protected yourself by advertising. However, if you do not put an advert in it may be no one will come forward anyway.

In addition as the only beneficiary it is not too complicated if someone comes forward later as it is not as if you will have paid out to numerous beneficiaries and have to try to get money back.

Subject to satisfying yourself of the validity of the debt you would be the one to pay it.

If a debt reduces the value of the estate you can claim a tax adjustment.

Best regards

Michael

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