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Does an executor with power reserved have any liability to the beneficiaries of the deceased’s estate, including for breach of duties? What liability does an executor with power reserved have?

Does an executor with power reserved to them have a liability to pay inheritance tax on an estate or is this the sole responsibility of the proving executor?

Where an executor has had power reserved, they should not be performing the actions of an executor in relation to the estate. If they wish to take an active role in the estate administration at a later date and after a grant has already been issued to a co-executor, they should apply for a grant of double probate (assuming that there will still be four or fewer executors acting). Executors who do not wish to act in the administration of the estate and who may wish to renounce probate in future should take care to avoid intermeddling in the estate.

If you would like a chat to discuss further, please feel free to contact me for a free 30-minute consultation.

Sophie Campbell

01637 800 306

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