Being an executor of someone's estate is no easy task and can often lead to difficulties among surviving family members. It was recently reported (available here) that the wife of famous Indian actor, Bobby Deoul, Tania, is seeking the removal of the executor of her late father’s will, Ravi Kiran Aggarwal, from his position. This dispute is still ongoing but has centred around allegations from both parties regarding how the estate is to be utilised. This kind of argument is all too common in estate matters, and is a reminder as to how important it is to appoint an executor that is capable of doing their job well and appreciates the important position that they hold.

When a loved one dies, their affairs will need to be organised and their assets distributed to their surviving relatives, according to either the terms of a Will or the intestacy rules. Although it is often referred to as probate (the term used south of the border), this process is called executry in Scotland.

Following the death of music superstar Prince, speculation has been growing in the media over the size of the estate Prince left behind, and whether or not he had written a will.

When someone dies, the person appointed to administer their estate is known as an executor. An executor is often a family member or an executry solicitor, and is usually either appointed in the deceased’s will or by the court.

When grieving the loss of a loved one things can easily slip our minds, but beneficiaries need to be careful not to overlook important issues that arise when a deceased’s estate is being wound up. This was thrown into light earlier this year, when HMRC penalised a beneficiary for failing to disclose that he had been given a cash gift by his father before his father’s death, which the executors needed to know in order to assess and pay the inheritance tax due on his father’s estate. The beneficiary unsuccessfully challenged the penalty in the courts, the case serving as a useful reminder of the consequences of failing to disclose information and submitting an inaccurate inheritance tax return as a result.