Executor Query

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    Martin Giles

    Customer lives in a property owned by the estate of a deceased person of whom he is joint executor of the will with his son.He has stated that he is not a beneficiary and has no financial interest in the property with all beneficial interest laying with his children.

    He has lived rent free in the property for some years basically looking after it until it was sold which was to be completed in August 2010. However the sale fell through and he remains living there. He has claimed and been awarded CTB

    He is now suggesting to us that as an executor he has a duty not to deplete the estate and has been advised that the estate could be taxed on “notional rents” forgone in relation to his residence. As a result of this he now wishes to pay rent to the estate ?? and claim Housing Benefit.

    Advice on how best to approach this would be welcome.


    Does he get paid for what he does looking after the property? If so, he could be occupying it as a condition of his employment and therefore excluded from HB. If he doesn’t have to live there but chooses to then an HB claim is valid

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