Make an enquiry

    Enquiry Form









    Contact

      Enquiry Form






      Supporting Document


      We are welcoming clients back to our offices Find Out More
      FJG Solicitors in Essex, Colchester, Chelmsford, London – Fisher Jones Greenwood
      • 0845 543 5700
      • [email protected]
      • Make an enquiry
      • Online Payment
      • Home
      • Services
        • Services for you
          • Advocacy
          • Civil & Commercial Disputes
          • Clinical and Medical Negligence
          • Conveyancing
          • Employment Law
          • Family Law
          • Children Law
          • Immigration & Visas
          • Notary Services
          • Personal Injury
          • Wills, Life Planning & Probate
        • Services for business
          • Academies Portal
          • Agricultural and Rural
          • Business Immigration
          • Commercial Dispute Resolution
          • Commercial Litigation
          • Professional Negligence
          • Commercial Property
          • Construction Law
          • Planning Consultancy
          • Corporate and Commercial
          • Education Services
          • Employment Law
          • Healthcare Services
          • International Services
          • Landlord & Tenant Services
        • Services by sector
          • Agriculture & Estates
          • Care Homes
          • Charities & Social Enterprise
          • Construction
          • Education Law
          • Energy
          • Family Owned Business
          • Healthcare & Dentistry
      • Our people
      • About us
        • CSR
        • Awards
        • Our Vision
        • Accessibility
        • Careers
        • Work Experience
        • Equality & Diversity
        • FLOCC
        • FJG Foundation
        • SAFE Forum
      • News, Events & Insights
      • Blog
      • Podcasts
      • Contact us
        • Colchester
        • Chelmsford
        • Billericay
        • Clacton-on-Sea
        • Holland-on-Sea
        • Frinton-on-Sea
        • London

      What is the Role of an Executor?

      17 February 2020 by Jane Golding

      Jane Golding
      role of an executor

      An Executor is appointed by the deceased person under a Last Will & Testament. The responsibilities of a Personal Representative (Executor/Administrator) is to take action to protect the assets of the Estate, pay all debts and taxes arising in the Estate. Thereafter for the Personal Representative to distribute to the Beneficiaries in accordance with the wishes of the deceased.

      The Personal Representative cannot do anything that intentionally harms the interests of the Beneficiaries in the Estate. A Personal Representative cannot ignore a Will nor can they rearrange a Will for personal gain. A Personal Representative can receive a bequest through the Will or even be named as a beneficiary in the Estate. However, before distribution in the Estate their Role as Personal Representative must be completed fully and satisfactorily on behalf of the estate of the deceased.

      If you act as a Personal Representative of an Estate, then it is absolutely essential that the Personal Representative fully understands the role and responsibilities. A Personal Representative can be held personally liable for any mistakes that have or may happen, even genuine errors.

      In the case of Glyne Harris, he was ordered to pay £340k Tax Bill because he did not fully understand the process of acting as Personal Representative.

      In Glyne T Harris as personal representative of Helena Norma McDonald (deceased) v HMRC [2018] TC06448 a personal representative was held liable for the estate IHT; assets were transferred to a beneficiary who had returned overseas without settling the tax as promised.

      The Inheritance Tax Act 1984 provides that:

      • Inheritance tax (IHT) is charged on the death of an individual as if, immediately before death, they had made a Transfer of value equal to the value of their estate.
      • The deceased’s personal representatives (with limited exceptions) are liable for the inheritance tax arising on the deemed transfer on death.

      Mr Harris was the appointed personal representative of the late Helena Norma McDonald:

      • He filed the IHT400 return, HMRC opened an enquiry and issued a determination for £341,279 of IHT.
      • The determination was upheld on statutory review and Mr Harris appealed on the grounds of insufficient funds.
        • He had released a substantial amount (possibly all) of the estate’s assets to the brother of the deceased (and a beneficiary) on the condition he settled the IHT.
        • The brother returned home to Barbados without settling the tax and Mr Harris was not able to contact him.
        • He did not appeal the amount of tax determined by HMRC.

      The First Tier Tribunal struck out the appeal as having no reasonable chance of success:

      • The fact that Mr Harris had transferred the assets of the estate to a beneficiary on the basis that they would be responsible for payment of IHT and was ignorant of his obligations as a personal representative to pay the IHT was no defence.

      If Fisher Jones Greenwood can assist you in the Administration of an Estate or provide you with advice in planning for your future please contact us on 01206 700113 or email [email protected] to arrange an appointment.

      Authors
      Archives
      Subscribe to RSS feed

      Recent Posts

      • Selling a Dentistry With an Expiring Lease
      • How important is making a Will?
      • The Importance of Seatbelts
      @FJGSolicitors

      What happens when a dentist wishes to sell their practice but the lease is due to expire? Leah Groves explains opt… https://t.co/mPGwLm93PP

      3 days

      This week marks Mental Health Awareness Week. It can be scarily easy to fall into the trap of your own mind when ba… https://t.co/KIC8JZQh6F

      4 days

      St Helena Wills Month campaign returns this June. Instead of paying the usual fees, you can donate to St Helena Hos… https://t.co/xS6fpoA8JZ

      5 days
      Billericay 01277 623132
      Chelmsford 01245 890110
      Colchester 01206 835300
      Clacton 01255 323103
      Holland-on-Sea 01255 818900
      London 08455 435700
      • Disclaimer
      • Accessibility
      • Terms & Conditions
      • Privacy Policy
      • Cookies
      • Price & Service
      • Signup to our Newsletter
      • COVID-19 Risk Assessment
      Website designed and built by Green Square

      Fisher Jones Greenwood is the trading name of Fisher Jones Greenwood LLP, a Limited Liability Partnership authorised and regulated by the Solicitors Regulation Authority and registered in England ( Number: OC305854 ). A list of members is available for inspection at the registered office at Charter Court, Newcomen Way, Colchester Business Park, Colchester, Essex CO4 9YA

      This website uses cookies & data collection

      Our website uses cookies, which are small text files that are placed on your computer by websites that you visit to distinguish you from other users. They are widely used in order to help website owners like us provide you with the best user experience possible. They also provide us with information that can help us improve our websites and marketing activities. By clicking an item or link on this website, you agree to the use of cookies and other data collection.

      Find out more

      We are welcoming clients back to our offices

      Differing tiers and three lockdowns later, Fisher Jones Greenwood Solicitors are now pleased to be able to welcome clients safely back to our offices.

      Remote working and the digitalisation of the way we work, have been key to keeping FJG and the rest of the country going.

      • We are now able to offer, pre-booked face-to-face appointments. Although, we are still able to offer remote appointments if preferred.
      • You can continue to visit our offices at any time to post any correspondence and documents through letterboxes.

      If you are visiting an FJG office, covid-19 safety rules of social distancing, hand sanitization, and the wearing of masks will still apply.

      • Please be aware you will also need to have your temperature taken on arrival.
      • There will also be protective screens in place to protect you and our staff.

      Please do not hesitate to contact your legal adviser by email or by telephone should you have any worries or concerns. Alternatively, please call our main switchboard number (01206 835300), and a message to return your call will be relayed to the relevant person.

      Best wishes
      Paula Cameron
      Managing Partner