To what extent does the inclusion of the incorrect date of death in the Statutory Notices invalidate their effectiveness and should I simply re-advertise?
Any guidance would be greatly appreciated.
Martyn Dixon
Harold Bell Infields & Co
I have always understood that because s27 offers a “shield” [not a sword] then any error could render this being deemed ineffective by a court.
In each case I suggest paying close attention to the precise wording of s27.
For example, it used to be normal practice to publish in both a “national” and a “local” publication, but I have doubts about whether such a blanket approach might realistically reach those intended to be notified. I recall being told by one press agency that the cheapest “national” option was the then Communist Party paper [in the interests of political correctness the next cheapest at the time was the Daily Telegraph].
Similarly, it was mooted that because the section refers to a notice, then if published more than once the date for claims to be submitted must be the same in all, and so must be at least 2 months after the latest publication date - rendering ineffective any earlier notices ordered on a “tick box” option of publication date plus 2 months and one day.
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Section 27(1) says “…and requiring any person interested to send to the trustees or personal representatives within the time, not being less than two months, fixed in the notice or, where more than one notice is given, in the last of the notices…” so it appears earlier notices remain effective.
The other issue I have had to contend with in the past is “…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…”. I might be able guess but difficult to be certain unless a Court order is obtained.
Anthony Kalp
Berry & Lamberts LLP