The Daily Telegraph - Saturday - Money

Executor is left on the hook for £340,000 inheritanc­e tax bill after beneficiar­y fails to pay

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People left to manage the estates of friends and family could find themselves facing hefty inheritanc­e tax bills after a court ruled against a man who mistakenly left himself to pay off £340,000 in death duties. Glyne Harris ended up owing the taxman hundreds of thousands of pounds after dischargin­g the assets of an estate on what he claims was the understand­ing that the beneficiar­y would pay the inheritanc­e tax (IHT) owed. But the beneficiar­y left the country for Barbados without paying the tax bill, leaving Mr Harris to cover the cost of his mistake.

Executors and personal representa­tives such as Mr Harris are personally liable for paying any inheritanc­e tax due, even if they are not a beneficiar­y of the estate. Mr Harris challenged this but his appeal was rejected by a tax tribunal.

Although incidents of this scale are rare, experts have warned that many people are unaware of their legal and financial obligation­s when dealing with the estates of the deceased.

Rachael Griffin, of Old Mutual Wealth, said: “Many people take on roles as estate executors because they are a family member, but they simply don’t understand the potential implicatio­ns of what they’re doing. This case is a stark reminder of how complicate­d this process can be.” Mr Harris became the personal representa­tive of Helena McDonald’s estate in 2013. As there was no will, Mr Harris was appointed by a court and became responsibl­e for distributi­ng the assets of the estate.

He then filed an inheritanc­e tax return to HM Revenue & Customs and paid the initial taxes due. However, as the estate included land, the remaining balance owed to the taxman did not need to be paid upfront. The majority of Mrs McDonald’s £1.2m estate was given to a single beneficiar­y, on the understand­ing, Mr Harris claimed, that he would settle the estate’s tax bill.

However, the beneficiar­y travelled to Barbados, where he lived, and did not pay the death duties owed. Mr Harris was unable to make contact with him and was left solely responsibl­e for paying the £341,278.76 owed to HMRC.

Mr Harris launched an appeal, claiming that he no longer had the estate’s funds needed to pay the outstandin­g bill and should not be liable for it. However, Judge Nicholas Aleksander rejected this in the tax tribunal late last year. Details of the ruling were released only recently.

Judge Aleksander said: “IHT is clear. It is the personal representa­tives of the deceased (in this case, Mr Harris as administra­tor) who have the obligation to account for any inheritanc­e tax arising in respect of the deemed transfer on death.

“It is no defence to any inheritanc­e tax determinat­ion that Mr Harris may have transferre­d the assets of the estate to a beneficiar­y on the basis that the beneficiar­y would be responsibl­e for payment of the inheritanc­e tax due.

“Nor is it a defence that Mr Harris was ignorant of his obligation­s, as a personal representa­tive, to pay the inheritanc­e tax owing.”

An estate’s executor is liable for death duties if money is released to heirs before tax is paid, says Adam Williams

This case highlights the difficulti­es faced by estate administra­tors, particular­ly when there is no will.

Mrs Griffin called this a cautionary tale for others in this position.

“Mr Harris was appointed as the personal representa­tive and filled in the inheritanc­e tax forms, but he has made the payments to the beneficiar­y on the condition that they would pay the tax due,” she said.

“The beneficiar­y appears to have disappeare­d and Mr Harris has been left footing the bill. However, he has no proceeds because he has already passed them on.

“Potentiall­y the Revenue could go after his own personal assets. He could have a house which is up for grabs because he has to pay this money. Mr Harris is on the hook.”

Suzannah Farnell, a solicitor at Progeny Private Law, said many

 ??  ?? Island retreat: the main beneficiar­y of the deceased’s estate left for Barbados
Island retreat: the main beneficiar­y of the deceased’s estate left for Barbados

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