Personal representatives (PRs) have a duty to report to HMRC any untaxed income received during the period of administration and any capital gains which have arisen in that period on the sale of property forming part of the deceased’s estate. Formally, untaxed estate income and capital gains are to be reported under self-assessment on the Trust and Estate Tax Return SA900. However, for straightforward estates where the tax liability is relatively small (less than £10,000), the probate value of the estate is less than £2.5m, the proceeds from assets

Where the deceased died intestate, the order of priority of entitlement for an application for a grant of letters of administration follows the entitlement to an intestate’s estate. That order of priority is set out in the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, reg 22. Where a person to whom a grant would otherwise be made is a minor, administration for their use and benefit, limited until they attain the age of 18 years, shall, unless otherwise directed, and subject to NCPR 1987, SI 1987/2024, r 22(2), be granted to a parent,

The question as to whom is liable to pay the insurance depends on whether the property is subject to a specific gift or whether it forms part of the residuary estate. You do not indicate in your question whether the beneficiaries are entitled to the property as specific legatees or as residuary beneficiaries so we have dealt with both scenarios in turn below. Specific legatees Unless the testator has provided otherwise in the Will, any expense incurred by the personal representatives in the upkeep, care

At present the nil rate band (NRB) for a single estate is £325,000. If the NRB is not fully used or used at all on an individual’s death, then the unused portion of the NRB can be transferred to the individual’s surviving spouse or civil partner’s estate. Where the entire NRB is left unused and transferred to the survivor’s estate, this gives a maximum combined NRB of £650,000 on the death of the surviving spouse. See Practice Note: IHT—nil rate band (NRB) and transferable NRB for further guidance. The additional threshold or residence NRB (RNRB) arises if someone dies on or after 6 April 2017 with a qualifying residential interest (QRI) which passes

The requirements of a deed are set out under section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989). To be a deed, an instrument must: • be in writing • make it clear on its face that it is intended to be a deed • must be validly executed as a deed by the parties (or by persons authorised to execute it in the name or on behalf of the parties), and • be delivered as a deed While a contract takes effect upon execution, a deed takes effect upon delivery which may not necessarily coincide with the execution date. Delivery does not mean physical delivery. Rather, a deed is delivered when a party makes clear its intention to be bound, regardless of whether that party retains possession of the document. If a party does not want to be bound immediately

From an employment law perspective, suspension may arise in two contexts: • some disciplinary procedures provide for suspension, without pay, as a disciplinary penalty • much more commonly, procedures may provide for the suspension of the employee on full pay for the purpose of investigating allegations of misconduct, or while such allegations are investigated Before using suspension as a disciplinary penalty, the employer should check the employment contract or relevant disciplinary procedure to ensure that it provides for this; if an employer takes disciplinary action, whether or not under a contractual procedure, only the penalties provided for by the contract may be imposed, consistently with the contract, and then only to the extent that the penalties are provided for under the contract

Rule 31 of the Non-Contentious Probate Rules 1987 (NCPR 1997)—Appointment of attorney to act as executor The Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 31(1) provides that the lawfully appointed attorney of a person entitled to a grant may apply for administration (with the Will annexed) for the use and benefit of the donor limited until further representation be granted or in such other way as the district judge or registrar directs. The usual form of limitation in the grant allows a further grant to issue to the donor of the power of attorney or to another attorney appointed

Intermeddling occurs when an individual performs the duties of a personal representative (PR) without formally taking a grant of probate. Under section 28 of the Administration of Estates Act 1925, intermeddling includes actions such as obtaining, receiving, or holding the deceased’s assets without full consideration, or releasing debts or liabilities due to the estate. It also includes acts that indicate an assumption of authority, such as selling or disposing

Entitlement to the Will The executors named in the last Will of the deceased are entitled to the Will in order for them to commence their duties of gathering in the assets of the deceased, dealing with liabilities and finally distributing the estate. See generally: • Practice Notes: ◦ Initial steps to identify assets and liabilities ◦ Securing and protecting estate assets • Estate administration—file checklist The executor derives their authority from the Will, not the grant of probate, and the deceased’s property vests in the executor from the moment of the deceased’s death. The executor is therefore entitled to the original Will, not just a copy. The grant of probate is the evidence of title—'if

Joint and several liability of executors A testator may appoint a sole executor or alternatively two or more executors to act jointly. Probate will not be granted to more than four executors in respect of the same part of the deceased’s estate . As the question states, the authority of co-executors is joint and several, as is their liability. They are effectively treated as one person so the acts of one bind the others. For example, the release of a debt or the transfer of goods by one of several executors is valid and will bind the other executors. This is the position even if one or more of the executors

This Q&A assumes that the contract for the sale of the estate assets between the agent (on behalf of the executors) has been properly fulfilled, so that there is no breach of contract claim by the purchaser of the estate assets. An agent owes a fiduciary duty to the principal and must keep accurate accounts of their dealings on the principal's behalf. Books and documents relating to the agency

We would like to refer you to Practice Note: Personal representatives—authority prior to grant of representation and Commentary: A7: Authority Prior to the Grant: Tolley's Administration of Estates [A7]. These sources explain that an executor