Inheritance tax question

[Lovelydaybut]

I am joint executor if a family member’s will.
A solicitor is dealing with the probate and has sent me a form to sign
The form asks if the deceased has made a gift or has paid out over 3k a year to anyone in the last 7yrs.

I’ve been sent some of the deceased bank accounts from the other executor, call this person S.
It looks like another, 3rd person, R,has had nearly £10k from the deceased in the last two years. S and R are very close and there is a long history of difficult relationships between me and S and R. I don’t have any issue that R has had the money. It’s. It my call- up to the deceased and R. I don’t stand to get anything from the will. It is split between S and R and a couple of other family members.
The money in total would come well under the £350k threshold for inheritance tax, so my understanding is that it would make no difference to the estate at all.
But I can’t sign the form that says the deceased hasn’t made any payments in total over 3k except wedding gifts etc.
I know there will be an unholy row if I say I can’t sign it.
Does my one have any experience of this or even is a lawyer and can send some thoughts?

It's a.legality so you have to sign the form.

Why can’t you include the gifts made to R by the decreased on the form so that it is completed accurately? As you’ve said, it won’t stop R from having the money or make a significant difference to the value of the estate?

As an executor you need to be accurate and truthful. It won't make any difference to the person that received the money.

The other executor has signed to say there have been no gifts or money like that.

I would call the solicitor asking you to sign the form and tell them about the transactions to R. Point out that S has not included them on the form they signed so you’re not sure whether you should sign or not or include the payments or not. Go with the solicitor’s advice and if anyone questions it you can say you were simply following the legal advice you were given.

That’s going to be difficult because S is quite abusive and I’m not really in the right frame of mind to have to deal with their shit just now.

You need to declare the gift. You would be failing in your duty as an executor not to declare. It may have no impact on the estate/beneficiaries, but the solicitor dealing with probate needs this info.

You need to declare it even if the other person hasn't.

You don't have a choice, you need to speak to the solicitor and ask them to send you another form including the payment.

If possible to you before S so you can sign it and forward it on to S with a post it note saying that as the estate is under the threshold it shouldn't make a difference but you don't want any of you in legal trouble for not mentioning it. It is then up to S if they sign it or not.

Get the solicitor to contact S - they could present it as it’s come to their attention that these payments have been made and that should be on the form. It removes you from the situation.

If the beneficiaries are abusive and you get nothing can't you just stand down as executor?