Executor Expenses- what can I claim?

Sunnie15

I found out after my brother’s unexpected and sudden death that he had made me executor of his estate. He has left it all to his daughter. Fair enough. It’s quite a complex matter and bearing in mind I am still reeling from losing my brother I’m finding it really difficult. I told my niece that I would claim mileage from the estate and out of pocket expenses such as stamps and certificates but I find I am having to take time off work to be able to able to carry out my duties. Am I legitimately able to claim for my time from the estate? Next month for example I have to take a day off work for the inquest. 

xylophone

https://www.finalduties.co.uk/what-is-an-executors-expense/

Mojisola

Sunnie15 said:

I found out after my brother’s unexpected and sudden death that he had made me executor of his estate.

It’s quite a complex matter and bearing in mind I am still reeling from losing my brother I’m finding it really difficult.

When my Dad died, I wasn't well enough to do the job well so employed our solicitor to deal with most things.

You can stay as the executor and just sign off the paperwork.  The cost will be paid out of the estate.

I think it's very poor form to ask a lay executor to manage the estate without leaving them anything to cover their time and work.

Linton

You cannot claim for your time as an executor unless you are acting in a professional capacity. You can claim for actual expenses which should all be covered by receipts.

teamgb

It sounds like your brother did not discuss his will with you. If you are not happy you can give up your right to be executor by signing a deed of renunciation providing you have not started the process. How old is the your neice?

Mackhie

Just because you have been named as executor, you do NOT have to accept the role if you feel you are not up to it. Gov.uk has guidelines on what to do in this case. Start at https://www.gov.uk/after-a-death and find the bit about probate.

Mackhie

It's on this page https://www.gov.uk/applying-for-probate/if-youre-an-executor.

Scroll down to the paragraph "If you do not want to or cannot be an executor".

Sunnie15

Thanks for your comments and support. I agree it is unreasonable that a lay executor is expected to do all the work for nothing. I have already started the process and most of it is straightforward but his pension providers are being completely unhelpful and won’t engage at all. I have reached the decision that I will take legal advice as I can charge it to the estate but try to keep hold of as much of it as I can. 
My niece is 28.

xylophone

but his pension providers are being completely unhelpful and won’t engage at all

Do you know what the problem is?

Sunnie15

but his pension providers are being completely unhelpful and won’t engage at all

Do you know what the problem is?

Yes, one won't do anything without me providing a full death certificate and the original will.  Due to the nature of his death I won't have the full death certificate until after an inquest and I am really loathe to put the original will in the post to them so when I have the certificate I'll address those issues again.  He was already receiving a pension from them so I'll be able to check on his bank statements whether he received a lump sum when he started to draw down the pension. With his other pension they will not give me any information at all as to whether he had a beneficiary in place in the event of his death and if a lump sum is payable.  They say its between them and the beneficiary.  For all I know the beneficiary could be his late wife so goodness knows what happens then. I think any lump sum in this case has to be part of the estate but the pension company are positive it doesn't.  Probate Office say yes, HMRC say the pension people are getting mixed up between personal tax and Inheritance Tax and advise me to send a copy of the IHT400 to the pension company highlighting the info I need. 

xylophone

 am really loathe to put the original will in the post to them so when I have the certificate I'll address those issues again.

You will need the will to obtain probate.

I would suggest that you see a solicitor about getting a certified copy of the will to send to the pension administrator.  https://www.gov.uk/certifying-a-document

With regard to the interim certificate, see https://www.gov.uk/after-a-death/when-a-death-is-reported-to-a-coroner

The death cannot be registered until after the inquest, but the coroner can give you an interim death certificate to prove the person is dead. You can use this to let organisations know of the death and apply for probate.

With his other pension they will not give me any information at all as to whether he had a beneficiary in place in the event of his death and if a lump sum is payable.  They say its between them and the beneficiary. 

It is possible that this is a payment made outside the estate.  See https://www.litrg.org.uk/tax-guides/bereavement/what-happens-pension-funds-when-someone-dies

"Pension scheme trustees often have wide discretion as to who they choose to pay benefits to, although normally act in accordance with the deceased’s wishes if made aware of them. If death benefits are paid at the discretion of the trustees, they normally fall outside the estate for inheritance tax purposes and so the executor or personal representative does not have to deal with them."