Charities can sometimes find themselves involved in the administration of an estate, most commonly where there is no other executor able or willing to act.
Administering an estate carries significant legal and practical responsibilities. Professional assistance may be required to ensure these duties are carried out efficiently and in accordance with your legal obligations.
Support for Every Stage of the Legacy Journey
Expert legal guidance to help your charity grow, manage and protect legacy income.
Our Charity Assist services are delivered by members of Taylor Emmet’s award-winning Private Client and Estate Administration teams. We support charities of all sizes with estate administration, ensuring assets are properly identified and collected, liabilities are settled, and the estate is distributed correctly.
From Beneficiary to Executor
If the executor named in a will dies before the testator lacks capacity or renounces their appointment, someone else may need to step in to administer the estate. Where a charity is entitled to a share of the estate, it may be appropriate for the charity to take a role in the administration.
In these circumstances an application will usually need to be made for a Grant of Letters of Administration with Will Annexed, which gives authority to administer the estate.
In some cases, a charity may also be named as an executor in a will, meaning a Grant of Probate will need to be obtained.
The duties of a personal representative include ensuring that the estate is administered correctly and distributed in accordance with the will. This can require significant time and resources which many charities may not have available internally. Engaging experienced estate administrators can therefore be highly beneficial.
Our Charity Assist team can support charities with all aspects of estate administration. We will:
- Obtain the appropriate Grant of Representation
- Identify and collect in estate assets
- Prepare estate accounts
- Calculate and report tax liabilities to HMRC
- Advise on appropriate protection and insurance for personal representatives
- Distribute the estate to the correct beneficiaries
Why might you need support?
Administering an estate, particularly where the charity did not know the deceased personally, can involve significant complexity and risk. Our Charity Assist team can provide the practical support needed to ensure the estate is handled properly. External assistance may be required where:
- The estate has complex or incomplete financial information, including missing assets or uncertain liabilities
- Inheritance tax or other tax obligations are complicated or unclear
- The estate involves multiple or overseas beneficiaries
- Foreign assets form part of the estate
- The wording of the will is unclear or there is potential for dispute between beneficiaries
- There are concerns regarding insolvency, claims against the estate, or potential challenges to the will
- Liaison is required with the Charity Commission or the estate involves restricted or uncertain charitable gifts
Contact us
Our expert team ensures estates are administered properly and efficiently. We will protect your interests throughout the process and help ensure your duties are fulfilled.
If you would like to discuss a specific matter in more detail, please do not hesitate to contact us.
