Section 27 Indemnity Insurance

Peace of mind for executors and beneficiaries:

  • Buy online in a couple of minutes.
  • Suitable for lay executors, administrators or Solicitors.
  • Insurance against the risk of an unknown creditor coming forward - forever.
  • No requirement for expensive Section 27 notices
  • The costs of the insurance policy can be claimed as an estate expense.
  • No Excess to pay in the event of a claim.
Section 27 Indemnity Insurance

A key insurance cover for executors, personal representatives and beneficiaries

What's on this page

On this page, you will find a lot of useful information to help you arrange Section 27 Indemnity Insurance in the UK.

If you have questions on the cover you should find they are answered on this page. If not, start a chat or contact us.

You can click on any of the items in 'Contents' to jump to the section that interests you.

Contents

What is Section 27 Indemnity Insurance?

Section 27 indemnity insurance covers the legal liability of executors, personal representatives, and beneficiaries from claims by unknown creditors to the estate.

This means that if an unknown creditor comes forward after the estate has been distributed, the insurance will cover the costs of defending the claim, associated expenses as well as repaying unknown creditors up to the limit of indemnity you have chosen.

The insurance can be purchased with or without a Section 27 notice.

However, the executors or personal representatives should still consider obtaining a credit report on the estate. This will help highlight any known issues before distribution.

Insurance cover can still be requested without a credit report, but the insurance cost may be higher.

Who can buy a Section 27 Insurance Policy

This policy should be arranged by the executors, personal representatives or solicitors administering the estate. 

This policy is also suitable for lay executors or administrators who are administering an estate without legal representation.

What are the benefits of Section 27 Indemnity Insurance?

  • Section 27 Insurance provides protection for the executor and beneficiaries from personal liability, resulting from unknown creditors coming forward after the estate is distributed. This is a risk even after a statutory notice has been placed.
  • There is no need to wait for the two-month window to pass before the estate can be distributed.
  • Your legal advisors can close their file earlier, which may also reduce your legal costs.
  • Beneficiaries can receive their money quicker with peace of mind they won't need to repay money following future creditor claims.
  • Section 27 Insurance can help to reduce the overall cost of administering an estate by removing the need to place a statutory notice in the newspaper. This can save the executor or administrator hundreds of pounds in fees, as well as the time and effort involved in placing the notice

How do I get a quote

The most economical way to arrange a Section 27 Insurance policy is as follows:

  1. Order a free statutory Credit and Liability Search from Equifax or Experian.  This will provide you with a list of all the deceased's liabilities such as mortgages, loans, credit cards, store cards, etc. This data will help you settle any outstanding debts prior to distributing the estate.  The Section 27 Insurance policy will then provide peace of mind and settle any claims from unknown creditors not contained on this report.  You can learn how to order a report on our Deceased Credit and Liability Search page.
  2. Save £2-400 by not needing to buy a Section 27 Notice, which means you do not need to delay distributing the estate waiting for the notice's expiry.  Although if you are want to distribute the estate within the statutory six-month waiting period you should also consider an Early Distribution Insurance policy to protect the executors and beneficiaries from Inheritance (Provision for Family and Dependants) Act 1975 claims.
  3. Get a quote from Insuristic in 2 minutes or less.

Please note: We can still provide a quote without the statutory credit and liability search but it will cost the estate more.

What is insured on a Section 27 Indemnity Insurance?

  • If the Claimant (i.e. a creditor) is owed money from the Estate, but the Estate has been distributed without knowing about the Claimant's debt, then the Claimant can claim any shortfall from the Insurer;
  • Any defence costs
  • Any other costs and expenses you incur with the Insurer’s written consent because of an Insured Risk

Cover restrictions to be aware of

Here are some conditions you need to be aware of when buying Section 27 insurance.

The insured party will not, without the written consent of the Insurer:
  • Disclose the existence of this policy, other than to respective Legal representatives;
  • Communicate on any matter regarding an insured risk with any party who, it is reasonable to believe, may have an interest in enforcing an insured risk;
  • Any Additional Condition contained in an Insured Risk Appendix attached to your Policy.

What is not insured on a Section 27 Insurance Policy?

The Insurer can refuse to pay a loss or reduce any payment for the loss because:
  • Of a loss arising from any matter which the insured party was aware of at the Inception Date; and/or
  • Non UK assets; and/or
  • The insured party confirming a statement of fact to us which the insured knew or could reasonably have been expected to know was not true; and/or
  • The insured party makes a claim knowing that it is false or fraudulent; and/or
  • The insured party discloses this policy exists to another person.

What are the costs of No Section 27 Insurance?

The cost of our Section 27 Indemnity Insurance can be as low as £89.60 including Insurance Premium Tax.  The cost will vary depending on the size of the estate and the potential for unknown creditors to come forward.

However, it is usually very cost-effective when compared to not having insurance.  Without it, you will have the additional costs of advertising in local papers and the delays in distributing the estate. Not to mention the costs of future claims from creditors.

You can reduce the cost of Section 27 Indemnity insurance by arranging for a credit and liabilities search to identify any unknown creditors.

Making a Claim

If you receive a claim on Section 27 Indemnity Insurance you must adhere to all the claims conditions listed in the policy.

Failure to do this could mean the insurer rejects your claim, or they could reduce the value the policy pays out if the breach of conditions increases the value of the loss.

You should ensure you read and understand all of the policy conditions listed in the policy.

Here are some pointers on what you should do in the event of a claim:

  1. You should never tell a third party about the existence of this policy.

  2. If there are circumstances that might cause a claim, you must tell the insurer in writing as soon as possible. You should also provide the insurer with as much information and documentation as you can.

  3. Don't incur any costs relating to a claim without first consulting your insurer

  4. Never admit liability or offer to pay or settle with someone else. You should refer the matter to your insurers claims team.

  5. Pass all correspondence and requests for meetings to your insurer's claims team.

For full details of your claims conditions, you must read your policy wording or speak to the insurer's claims team for guidance.

Arranging Finance to pay for this insurance

If there aren’t funds in the estate to pay for the insurance protection upfront, you and the beneficiaries don’t need to worry.

Insuristic customers can fund the cost of any of our Probate Insurance Policies with our partner, FSL Finance.

The loan is simple to arrange, with 90% of applications being accepted immediately.

There are no arrangement fees or early repayment charges. 

Once a loan is approved, the money is paid to Insuristic to finance your insurance policies.  You will then need to pay FSL Finance a monthly amount until the loan is repaid.

If you need cover before the loan is repaid, we can help you.  Instructions on what to do in this scenario will be provided in your quotation.

You can find out more or  start an application on our Probate Loans page.

 

Why not try Insuristic for a Section 27 Indemnity Insurance Quote?

Frequently Asked Questions

In the absence of Section 27 Indemnity Insurance, the executors, personal representatives and beneficiaries may be legally responsible for any debts that the deceased owed at the time of their death.

There are a few things you can do to protect yourself if you don't have Section 27 Indemnity Insurance:

Publish a Section 27 notice in the local newspaper and the London Gazette.   But remember, this only provides protection for the executors and personal representatives administering the estate.  Without insurance, Beneficiaries would need to repay the creditors plus cover any legal costs.

Make sure that you have a good understanding of your legal responsibilities as a personal representative.

Take steps to locate all of the deceased's creditors.

Give creditors a reasonable amount of time to come forward and make a claim.

If a creditor does come forward after the estate has been distributed, you may be able to defend yourself by arguing that you took reasonable steps to locate them and give them a chance to make a claim. However, there is no guarantee that you will be successful.

If you don't have insurance you should seek legal advice.

If you have Section 27 Indemnity Insurance you should speak to your insurers claims team immediately. You should also send them any correspondence from creditors seeking to recover their debts. Do not acknowledge these letters or speak to the claimant, let your insurer do this on your behalf.

No section 27 insurance is an option for Section 27 Insurance. You can buy this cover when no Section 27 notice has been placed but the executors would still like to insure against the risk of unknown creditors coming forward after the estate has been distributed.

Yes, this is a start feature of our policy, provided you have obtained a free statutory deceased credit notice.  Buying this cover means you don't need to incur the expense of a Section 27 Notice thus saving the estate several hundred pounds. Arranging no section 27 insurance will enable the executors to insure against the risk of unknown creditors coming forward after the estate has been distributed.

 

As an executor or personal representative, it is your responsibility to ensure the estate and the beneficiaries are adequately insured.

You should be considering the following types of insurance (click the links to go to the relevant page):

We have written a guide to Executor Insurance, which explains the need for these types of policies. You can find out more here: https://insuristic.co.uk/executor-insurance/

You can arrange a Section 27 Insurance policy as soon as you have the Grant of Probate (if there is a Will) or Letters of Administration (if there is no Will),

A Section 27 notice is not a requirement when purchasing our Section 27 Insurance Policy.

Most law firms will take out a Section 27 Notice as it protects their liability and that of the executors but it provides zero protection from beneficiaries against claims from unknown creditors. 

A Section 27 notice is a legal advertisement that informs creditors that a person has died and that their estate is about to be distributed. The purpose of this notice is to give creditors two months to come forward and make a claim against the estate before the funds are distributed to the beneficiaries.

If a Section 27 notice is not taken out, and a creditor comes forward after the estate has been distributed, they may be able to hold the executor or administrator personally liable for the debt. However, if a Section 27 notice is taken out, creditors can only claim the debt from the beneficiaries.

It is important to note that creditors are still entitled to come forward after the estate has been distributed, even if a Section 27 notice was taken out. However, they will only be able to claim the debt from the beneficiaries, not the executor or administrator.

You don't need a Section 27 notice if you buy a Section 27 Insurance policy from Insuristic. 

An insurance policy will provide more protection than a notice too.  A notice will only protect the executors and personal representatives from unknown creditor claims.

On the other hand, a Section 27 insurance policy protects executors, personal representatives, and beneficiaries from unknown creditor claims. 

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About the Author

Rob Faulkner CEO of Insuristic

Hi, I'm Rob, CEO and Founder of Insuristic. My mission is to make insurance easier to understand and buy online.

I hold an Advanced Diploma in Insurance (ACII) which demonstrates I have a solid technical understanding of Insurance and have committed to continuous professional development. I am also a member of the Chartered Insurance Institute and hold the a Chartered Insurance Broker status.

Over the last 27 years, I have worked for insurers, insurance brokers and insurance technology businesses, specialising in product, sales and marketing.

You can find out more about me on my author page.

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