Information for executors of wills

The first thing you would need to do is locate their last Will and Testament. Usually, a copy would be kept with the person's important papers. This will give information about the law firm or will writers, who often hold the original will. If you think they used the Macmillan Free Will Service, we can check our records and can tell you which provider they used. You can then contact them directly. We don't have access to any details of the contents of the will, nor do we keep copies or originals.

If you can't find a copy, the best starting point would be to contact the law firm that acted on behalf of the person that has died. This may be a law firm that has acted for them in purchasing of property, family law cases or business advice. If you don't know of any law firm or will drafter that acted for the person, you can try contacting the bank, as some still retain documents for customers.

Some people register their will with Certainty's National Will Register. If this is the case, you can search the register (for a fee).

Once you have the will, inform the executor of the death so that they can start to carry out their duties. It is important that no one other than the executor starts to deal with the estate as this can cause issues later on.

As executor, it is your duty to ensure that you follow the final wishes of the deceased. These wishes are usually expressed in the will. You are also responsible for organising the funeral and informing all interested parties of the death.

This will include, but is not limited to, creditors, debtors, beneficiaries and HMRC. Once these steps have been followed, an executor is also responsible for arranging the payment of all debts, expenses and taxes. You must pay any outstanding debts or bills before you can legally distribute the estate, as per the contents of the will.

A Grant of Probate (in England, Wales and Northern Ireland) or Confirmation (in Scotland) is the document that gives the executor the legal authority to deal with the estate.

In our experience, many estates will need a Grant of Probate or Confirmation. If the estate is quite small, the executor might not need to get these documents. It is best to check with individual institutions whether they need one to release assets. Usually this depends on the value of the assets and can differ between institutions.

Some people prefer to instruct a solicitor to obtain a Probate or Confirmation. This is because the process can be complicated to carry out yourself. Solicitors are experts, so they are able to help ensure that the process is carried out efficiently.

If you would prefer to do this step yourself, the easiest way to find all of the information you need is by visiting:

• the Probate Registry's website if the person that died lived in England or Wales
• the NI Government Services website if they lived in Northern Ireland
• the Scottish Courts and Tribunal's website if they lived in Scotland.

It is important to tell any company who had dealings with the person that has died. This includes relevant utilities, banks, insurance providers and government agencies. You should also inform any company that is holding assets belonging to the deceased.

Executors usually place statutory notices in the London Gazette and a local newspaper. For more information see The Gazette's website.

It is possible that the estate will need to pay Inheritance Tax (IHT). This is dependent on:

• the size of the estate
• the beneficiaries of the estate
• whether the deceased made any lifetime gifts in the seven years before they died.

Gov.uk has lots of information regarding IHT, when it is applicable and which Inheritance Tax form you will need to complete.

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%.

Find out more about about Inheritance Tax and other forms of tax that may apply.

Once you have received the Grant of Probate or Confirmation, you can start to pay the debts due and administer the estate in line with the person's wishes. You may choose to do this yourself or instruct a solicitor to do this on your behalf.

If this answer is yes, please send us the valuation you have received.

We have contacts who may be able to offer preferential rates for selling these, to the advantage of all the beneficiaries. It is also possible that the sale of shares may result in a Capital Gains Tax (CGT) liability.

Charities are exempt from paying CGT, and in most instances we can avoid payment on our share. If you think that the shares might sell for a value greater than the probate value, please get in touch with us.

We always seek to ensure that all assets left to us are sold for their best price. This allows us to invest as much money as possible to support people living with cancer. Therefore, if the estate includes land and property, we would be grateful to see marketing appraisals from three estate agents. We also ask that the property is marketed online for a minimum of one month.

Please let us know when there is an offer the executors are considering accepting. To help us assess any offers, it would be helpful for the estate agent to provide:

• confirmation of how long the property has been on the market and where it has been advertised
• confirmation of how many enquiries and viewings there have been
• a recommendation and reasoning on whether to accept any offers.

Once an offer has been accepted, if the sale value exceeds the probate value by more than the executors annual CGT allowance, a CGT liability will arise.

As a registered charity, Macmillan Cancer Support is exempt from paying CGT. CGT can be saved if the property is transferred to the charitable beneficiaries prior to sale. This will mean we need a surveyor's report. Please get in touch with us if this is required.

Foreign assets can be complicated to realise. We would always recommend that you seek professional advice.

Although we are unable to give advice about foreign assets, we may have contacts that are able to assist you.

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%. This can benefit all beneficiaries of the estate.

A will can also be amended after someone has died by completing a Deed of Variation. The executor has two years from the date when someone dies to complete a Deed of Variation. If the will gifts between 4% and 10% to charity, it is most likely that increasing the gifts to charity to 10% will reduce the amount of IHT which will also benefit the non-charitable beneficiaries. If you are an executor or beneficiary of an estate leaving a gift to Macmillan Cancer Support and are considering doing this, please get in touch with us and we will be happy to discuss it with you.

You may also find it useful to know that in most cases charities are exempt from paying IHT. If you have any questions about this, please get in touch with us.

As a registered charity, we are able to reclaim all income tax paid during the administration of the estate from HMRC.

This includes our share of tax paid on bank and building society interest, and on dividends. We therefore ask that you supply a tax deduction certificate or form R185 (Estate Income) to us at the end of the administration. Please contact us if you would like help in completing these forms.

At the end of the administration, we would appreciate seeing a copy of the Estate Accounts. These are the final accounts showing the transactions that have taken place over the course of the administration. These do not need to be complex; just a list of the asset values realised and the payments made.

We ask for these as we are tightly audited and regulated. We need to be able to show how, and why, we have received an amount from any estate from which we are lucky enough to benefit. We would also love to know why we were remembered in someone's will. This isn't a necessity but it does help put our work into perspective.