IHTM05014 - Requirement for a grant: the personal representative’s obligation to make thorough checks

Personal representatives ( IHTM05012) (prs) have a number of important responsibilities. As far as inheritance tax is concerned these include a personal obligation to thoroughly check the accuracy of any account formIHT400 ( IHTM10021) which they sign.

By signing theIHT400 the prs declare that to the best of their knowledge and belief the information and statements in theIHT400 and any accompanying supplementary pages ( IHTM10033) are correct and complete. If it subsequently transpires that the account is incorrect a penalty ( IHTM36001) may be payable. If the prs deliberately conceal information which affects the inheritance tax liability, or deliberately include information which they know to be false, they may be liable to prosecution (IHTM36297).

Where an application is being made for an excepted estate ( IHTM05021) grant the prs should thoroughly check the accuracy of the application to ensure that the estate meets the requirements ( IHTM06013) for this type of grant. If the application fails to disclose a material fact, or if further property is found later, then the prs may be held liable to pay any inheritance tax due. In addition, if fraud (IHTM36290) is involved the prs may face prosecution.