Bespoke Instructions

Some executors deal with certain aspects of the administration of an estate but choose to appoint an agent to carry out specific tasks which they would prefer not to do themselves.

Executors are tasked with a large number of legal and administrative responsibilities, some of which can seem overwhelming. Our experts can deal with as many or as few individual components of an estate’s administration as an executor may require.

The completion and submission of HMRC’s inheritance tax return, an application to the court for probate, dealing with estate taxation – for example after the sale of a property or in relation to post-death income, or the preparation of estate accounts are all examples of bespoke work that our teams can undertake.

In Practice

  • Applications for probate and inheritance tax returns

    C and E were named as executors for their father; they had both been executors on previous occasions and they had been attorneys for their father in his later years. They knew the situation well therefore, and they had a good idea of what their responsibilities as executors would be.

    C and E opted to deal with the ascertaining of values of assets and liabilities, and following the issuing of the grant of probate, they would deal with the realisation of their late father’s assets in order to pay themselves, as the only beneficiaries of the estate. However, C felt uncomfortable with the completing of the necessary inheritance tax return and E found himself preoccupied with other aspects of his life. As such, C and E instructed our solicitors to draft the inheritance tax return and the application for probate; our involvement ceased once the grant of probate was issued.

  • Estate capital gains tax

    The estate of L included two properties which remained unsold for some time, despite the property market rising generally between the date of L’s death and the eventual dates of sale. Our solicitors and accountants were instructed by the executors to advise on the best way of dealing with the sales having particular reference to the mitigation of capital gains tax. Our team structured the arrangements so as to take advantage of as many tax allowances as possible.

    One property was sold within the estate, utilising the reliefs deriving from the case of IRC v Richards alongside the estate’s capital gains tax exemption. The second was appropriated to the estate beneficiaries causing the gain on sale to fall upon them, thus enabling use of multiple capital gains tax exemptions. In relation to the comparatively small amount of capital gains tax that was ultimately payable, our accountants dealt with the necessary 60-day CGT tax returns for the estate and its beneficiaries.

  • Estate accounts

    The estate of P was dealt with almost in its entirety by her nephew and niece, who alongside some charities, were also the residuary beneficiaries of her estate. The nephew and niece had dealt with matters correctly, but they did not feel sufficiently experienced to prepare the estate’s income tax return and the estate accounts.

    Our accountants were instructed to finalise the estate’s income tax position, draft the necessary self-assessment return, prepare tax deduction certificates for the beneficiaries alongside drafting a full set of estate accounts – not only for their own benefit, but also for the benefit of the charities who were also benefiting from the estate.

Our experts are on hand

Catherine Murton
Catherine Murton
Director | Solicitor
With extensive experience in all aspects of private client work, Catherine heads up Arcadia's legal team. Continuously recommended by existing clients, she is a trusted advisor to a significant number of families across the country.
Susie Rycroft
Susie Rycroft
Director | Solicitor
Susie qualified as a solicitor in 2005 and has specialised in private client ever since. Susie's expert knowledge of trust law and her pragmatic, client-centered approach is welcomed by trustees, executors and beneficiaries alike.
Hannah Cook
Hannah Cook
Associate | Solicitor
Specialising in probate, wills, court of protection and powers of attorney, Hannah's clients always welcome her hands-on and head-down approach to getting the job over the line.
Alyssa Martin
Alyssa deals with the drafting of wills, trust documents and powers of attorney. A recent graduate with a Masters in Law, her technical knowledge lends itself perfectly to the varied needs of Arcadia's legal team.