What is an executor and what are their duties?
An executor is the person or organisation named in a will who is responsible for carrying out the terms of the will. An executor will usually be a professionally qualified solicitor or an individual who was close to the deceased called a ‘lay executor’.
For more information see our Legacy glossary.
What is a Grant of Probate and how do I apply for it?
*Getting a Grant of Probate (called Confirmation if the deceased lived in Scotland) allows you to legally deal with the deceased’s estate. In most cases you’ll need to do this before you can access their bank account, mortgage and any investments.
To get a Grant of Probate you need to:
- You must submit a grant of probate application online unless an exemption applies. If an exemption applies the application is on a paper form. See Apply for probate on paper as a practitioner - GOV.UK (www.gov.uk) which tells you when a paper application is required.
- You will need to check if you have to complete any Inheritance Tax forms but in most cases they are not required. You can use the MyHMCTS website which will generate a Legal Statement for you. Print the Legal Statement.
- Sign the Legal Statement and complete the application online.
- Send your application to the Principal Registry at Harlow - the MyHMCTS website will tell you what to send and give you the address to write to.
What is inheritance tax and how does it impact a will?
*Inheritance Tax is a tax on the estate (the property, money and possessions) of someone who’s died.
Inheritance tax may be applied based on the following conditions:
• The size of the estate
• The beneficiaries of the estate
• whether the deceased made any lifetime gifts in the seven years before they died.
There are certain circumstances when an Inheritance Tax Account is required, and this is usually when Inheritance Tax is payable. There can be other reasons to submit an Account.
If a will gifts more than 10% of the taxable estate to charity, the amount of Inheritance Tax (IHT) payable is reduced from 40% to 36%.
Where between 4% and 10% is being given to charity it is possible for all the beneficiaries to increase their gift by entering into a Deed of Variation and increasing the charitable gifts to 10%.
For further details of inheritance tax exemptions and conditions, check Gov.uk’s inheritance tax guidance.
How to pay in a legacy gift to us?
You can send a cheque to our office using the details below:
Legacies Team
Asthma + Lung UK
The White Chapel Building
10 Whitechapel High Street
London, E1 8QS
Or you can send the payment by bank transfer to the following account:
Account name: Asthma and Lung UK
Bank name: NatWest
Sort code: 60-80-07
Account number: 60245980
Please also include a reference of ‘Legacy – (name of deceased)’ to help us identify the gift and acknowledge safe receipt. We would be most grateful if, when making a legacy payment, you could include a note or email to wills@asthmaandlung.org.uk providing:
- The full name and title of the deceased
- Their previous address (to allow us to update our records)
- The date of death
- Copy of the will
- The executor’s name and contact details (for us to acknowledge receipt)
Our address and charity number
Asthma + Lung UK
The White Chapel Building
10 Whitechapel High Street
London, E1 8QS
registered charity in England and Wales (326730)
Scotland (SC038415)
and Isle of Man (1177).
NB: Our previous address was 18 Mansell St, London E1 8AA but this office is no longer in use.
Administering a gift
In most cases we would prefer to receive the sale proceeds of property or shares gifted to Asthma + Lung UK in a will. However, each individual case is different, so before taking any action to either transfer or sell the property or shares, please contact us via wills@asthmaandlung.org.uk.
Breathe Easy Groups or Asthma + Lung UK Support Groups
If you’re acting as the executor of a will that includes a gift to a Breathe Easy group or an Asthma + Lung UK support group please email wills@asthmaandlung.org.uk or call 0300 222 5800 so we can put you in touch with the right person.
*Thank you to Irwin Mitchell for assisting in reviewing the legal information on this page. Specifically concerning grant of probate and inheritance tax.