Estate Inventory Liabilities And Debts In Britain
Liability Category | Typical Examples | Evidence to Check | Timing of Liability | Inventory Recording Notes |
|---|---|---|---|---|
Residential mortgage | ||||
Secured Debt | Main home mortgage, buy-to-let mortgage, further advance | Mortgage statement, redemption statement, title register, lender correspondence | Both before and after death | Record balance at death and note property secured track post-death interest separately. |
Equity release or lifetime mortgage | ||||
Secured Debt | Lifetime mortgage, home reversion balance, rolled-up interest | Equity release agreement, annual statement, redemption figure, legal charge | Both before and after death | Record lender redemption amount rolled-up interest may increase after death. |
Second charge or secured loan | ||||
Secured Debt | Homeowner loan, secured consolidation loan, second mortgage | Loan agreement, charge register, lender statement, redemption quote | Both before and after death | List separately from first mortgage and identify the secured property. |
Bridging loan | ||||
Secured Debt | Short-term property loan, auction purchase finance, refinance bridge | Facility letter, charge register, lender payoff statement, solicitor file | Both before and after death | Note high interest and expiry date update balance before sale or distribution. |
Hire purchase debt | ||||
Secured Debt | Car hire purchase, furniture finance, appliance finance | Finance agreement, payment schedule, settlement figure, vehicle documents | Both before and after death | Record settlement balance and note asset may not be owned outright. |
Conditional sale finance | ||||
Secured Debt | Vehicle conditional sale, retail goods finance | Agreement, settlement quote, statement of account, dealer paperwork | Both before and after death | Check ownership terms before listing the financed asset as estate property. |
Personal contract purchase finance | ||||
Secured Debt | PCP car agreement, balloon payment, excess mileage charge | PCP agreement, finance statement, settlement figure, mileage records | Both before and after death | Record settlement sum and any return charges asset ownership may be conditional. |
Pawnbroker loan | ||||
Secured Debt | Loan secured on jewellery, watches, antiques or valuables | Pawn receipt, credit agreement, redemption notice, valuation receipt | Before death | Record loan and note pledged item if recoverable by the estate. |
Credit card balance | ||||
Unsecured Debt | Visa, Mastercard, store card, unpaid interest and charges | Card statements, creditor claim, online account, final balance letter | Before death | Use date-of-death balance exclude later fraud or unauthorised use. |
Personal loan | ||||
Unsecured Debt | Bank loan, debt consolidation loan, peer-to-peer loan | Loan agreement, annual statement, settlement figure, bank payments | Before death | Record capital, interest and charges outstanding at death. |
Bank overdraft | ||||
Unsecured Debt | Current account overdraft, arranged overdraft, unarranged overdraft charges | Final bank statement, bank confirmation, account closure letter | Before death | Record negative account balance separately from positive accounts. |
Store card or retail credit | ||||
Unsecured Debt | Department store card, catalogue account, retail instalment plan | Monthly statements, online account, creditor balance confirmation | Before death | Record confirmed balance and identify any disputed purchases. |
Catalogue shopping debt | ||||
Unsecured Debt | Mail order account, online catalogue credit, buy-now-pay-later catalogue balance | Statements, email invoices, online account, direct debit records | Before death | Check whether goods were returned or delivered after death. |
Buy now pay later balance | ||||
Unsecured Debt | Deferred payment, instalment shopping balance, interest-free retail credit | App account, email invoices, bank payments, retailer order history | Before death | Record unpaid instalments for goods ordered before death. |
Payday loan | ||||
Unsecured Debt | Short-term loan, high-cost credit, continuous payment authority debt | Loan agreement, creditor statement, bank card payments, email notices | Before death | Confirm capped charges and stop recurring payment attempts where appropriate. |
Family or friend loan | ||||
Unsecured Debt | Private loan, unpaid IOU, family advance, agreed repayment balance | Written agreement, messages, bank transfers, repayment records | Before death | Require evidence distinguish loan from lifetime gift or moral obligation. |
Guarantee or indemnity liability | ||||
Unsecured Debt | Business loan guarantee, rent guarantee, personal indemnity | Guarantee deed, lender demand, underlying loan statement, legal advice file | Both before and after death | Record contingent liability separately until liability and amount are confirmed. |
County Court judgment debt | ||||
Unsecured Debt | CCJ, High Court judgment, enforcement costs, statutory interest | Court order, judgment register, claimant correspondence, enforcement notice | Before death | Record judgment amount plus enforceable interest and costs to death. |
Rent arrears | ||||
Unsecured Debt | Residential rent, ground rent arrears, commercial rent, storage unit rent | Tenancy agreement, rent account, landlord statement, bank payments | Both before and after death | Split arrears at death from occupation or notice-period rent after death. |
Service charge arrears | ||||
Household Bill | Leasehold service charge, reserve fund demand, estate management charge | Managing agent statement, lease, demands, completion statement | Both before and after death | Apportion pre-death arrears and post-death demands where possible. |
Ground rent arrears | ||||
Household Bill | Leasehold ground rent, estate rentcharge, historic arrears | Ground rent demand, lease, freeholder account, managing agent statement | Both before and after death | Record arrears due at death keep later rent as estate expense. |
Care home fees | ||||
Unsecured Debt | Residential care fees, nursing home fees, top-up fees, final invoice | Care contract, invoices, local authority assessment, care provider statement | Before death | Record unpaid fees to date of death and verify any local authority contribution. |
Deferred payment agreement for care | ||||
Secured Debt | Local authority deferred care fees secured on home | Deferred payment agreement, council statement, legal charge, care fee account | Both before and after death | Record council balance and any secured interest or administration charges. |
Home care fees | ||||
Unsecured Debt | Domiciliary care invoices, agency care fees, personal assistant wages | Care plan, invoices, timesheets, local authority statements | Before death | Record unpaid pre-death care costs check direct payment balances. |
Medical or private healthcare bills | ||||
Unsecured Debt | Private hospital bill, consultant fees, dental treatment, prescriptions | Invoices, insurance correspondence, treatment agreement, receipts | Before death | Deduct only unpaid charges not covered by insurance or NHS funding. |
Employee or carer wages owed | ||||
Unsecured Debt | Domestic worker wages, carer wages, holiday pay, PAYE deductions | Payslips, contract, timesheets, PAYE records, bank payments | Before death | Record gross wages and related PAYE or National Insurance liabilities. |
Business trade creditors | ||||
Unsecured Debt | Supplier invoices, contractor bills, stock purchases, professional subscriptions | Accounts payable ledger, invoices, statements, business bank records | Before death | Record business debts separately and avoid double-counting in business valuation. |
Partnership liability | ||||
Unsecured Debt | Partnership overdraft, supplier debts, tax debts, lease obligations | Partnership agreement, accounts, creditor statements, bank facilities | Both before and after death | Record deceased partner share or personal liability after reviewing agreement. |
Sole trader liabilities | ||||
Unsecured Debt | Supplier debts, business loans, unpaid expenses, customer refunds | Business accounts, invoices, bank statements, accountant correspondence | Before death | Include personal liability of sole trader reconcile with business asset value. |
Overdrawn director loan account | ||||
Unsecured Debt | Money owed by deceased director to company | Company accounts, director loan ledger, board minutes, accountant letter | Before death | Record amount owed to company distinguish from shares owned by estate. |
Income Tax due to HMRC | ||||
Tax | PAYE underpayment, self assessment tax, tax on pension or rental income | HMRC calculation, Self Assessment return, P45, P60, pension statements | Before death | Record tax due to date of death separate estate income tax after death. |
Capital Gains Tax due before death | ||||
Tax | Unpaid CGT on property, shares, cryptoassets or business assets sold before death | CGT return, conveyancing statement, contract notes, HMRC account | Before death | Include unpaid CGT from disposals before death death itself is not a CGT disposal. |
Estate Capital Gains Tax after death | ||||
Tax | CGT on estate property or share sale during administration | Sale completion statement, probate value, tax return, accountant calculation | After death | Record as administration tax, not date-of-death debt. |
Inheritance Tax | ||||
Tax | IHT on estate, failed PETs, chargeable lifetime transfers, instalment interest | IHT400, IHT421, HMRC payment reference, valuation schedules | After death | Record separately from debts deducted to calculate taxable estate. |
Inheritance Tax statutory charge | ||||
Tax | Tax charged on transfers of value and death estate | Inheritance Tax Act 1984, HMRC IHT account, grant papers | After death | Use for legal basis calculate amount using HMRC forms and reliefs. |
VAT due to HMRC | ||||
Tax | Unpaid VAT return, late payment interest, VAT assessment | VAT returns, HMRC account, Making Tax Digital records, accountant letter | Before death | Include if deceased was sole trader or personally liable business owner. |
National Insurance contributions due | ||||
Tax | Class 2, Class 4, employer NIC, PAYE settlement | Self Assessment return, payroll records, HMRC statement, accountant letter | Before death | Record unpaid personal or employer NIC to date of death. |
PAYE owed as employer | ||||
Tax | PAYE income tax, employee NIC, employer NIC, payroll penalties | Payroll records, HMRC PAYE account, RTI submissions, payslips | Before death | Include where deceased employed carers, domestic staff or business employees. |
Council Tax arrears | ||||
Tax | Unpaid council tax, liability order costs, empty property charge | Council tax bill, final account, local authority letter, bank payments | Both before and after death | Split pre-death arrears from post-death property charges and exemptions. |
Business rates arrears | ||||
Tax | Shop rates, office rates, workshop rates, enforcement costs | Rates bill, council statement, lease, business accounts | Both before and after death | Record personal liability where deceased occupied or traded from premises. |
Stamp Duty Land Tax due | ||||
Tax | Unpaid SDLT on property purchase completed before death | SDLT return, conveyancing completion statement, HMRC letter, solicitor file | Before death | Include only if liability arose before death and remains unpaid. |
Land and Buildings Transaction Tax due | ||||
Tax | Unpaid LBTT on Scottish property transaction before death | LBTT return, Revenue Scotland correspondence, solicitor statement | Before death | Use for Scottish property transactions do not mix with SDLT. |
Land Transaction Tax due | ||||
Tax | Unpaid LTT on Welsh property transaction before death | LTT return, Welsh Revenue Authority correspondence, solicitor statement | Before death | Use for Welsh property transactions do not mix with SDLT. |
Gas and electricity arrears | ||||
Household Bill | Unpaid gas bill, electricity bill, standing charges, final meter read balance | Final bill, meter readings, online account, direct debit history | Both before and after death | Record arrears to death ongoing standing charges are estate expenses. |
Water and sewerage charges | ||||
Household Bill | Water bill, sewerage bill, metered charges, standing charges | Final bill, meter reading, supplier account, bank payments | Both before and after death | Apportion charges to date of death where supplier bill spans periods. |
Telephone, broadband and TV arrears | ||||
Household Bill | Mobile contract, landline, broadband, TV package, early termination fee | Final bill, contract, online account, cancellation confirmation | Both before and after death | Record arrears and contractual charges challenge inappropriate post-death fees. |
TV licence balance | ||||
Household Bill | Unpaid licence fee, instalment plan balance | TV Licensing letter, payment plan, bank records, refund notice | Both before and after death | Check for refund if licence no longer needed after death. |
Insurance premium arrears | ||||
Household Bill | Home, car, contents, pet, private medical or life policy premiums | Policy schedule, direct debit record, insurer statement, cancellation notice | Both before and after death | Record unpaid premiums maintain necessary estate property insurance separately. |
Subscriptions and memberships | ||||
Household Bill | Gym, clubs, newspapers, streaming, professional body subscriptions | Bank statements, app accounts, invoices, membership emails | Both before and after death | Cancel promptly record only enforceable arrears or notice-period charges. |
Parking or traffic penalties | ||||
Other | Penalty Charge Notice, congestion charge, ULEZ charge, private parking charge | Penalty notice, enforcement letter, vehicle records, council portal | Before death | Check whether charge is enforceable and arose before death. |
Court fines or compensation orders | ||||
Other | Magistrates court fine, victim compensation order, prosecution costs | Court notice, fines officer letter, enforcement letter, solicitor file | Before death | Confirm enforceability against the estate before payment. |
Child maintenance arrears | ||||
Unsecured Debt | CMS arrears, court-ordered maintenance arrears, collection fees | CMS statement, court order, payment schedule, correspondence | Before death | Record arrears accrued before death future maintenance usually ends at death. |
Spousal or family maintenance arrears | ||||
Unsecured Debt | Maintenance order arrears, periodical payments arrears, consent order arrears | Court order, consent order, payment records, solicitor correspondence | Before death | Record arrears due at death check order terms for survival or variation. |
Divorce financial order debt | ||||
Unsecured Debt | Lump sum order, costs order, property adjustment payment | Financial remedy order, consent order, payment receipts, solicitor file | Before death | Record enforceable unpaid sums take advice if order terms are conditional. |
Legal costs order payable | ||||
Unsecured Debt | Adverse costs order, assessed costs, interim costs payment | Court order, bill of costs, assessment certificate, solicitor correspondence | Before death | Record confirmed costs treat disputed or unassessed costs as contingent. |
Pending claim against deceased | ||||
Other | Contract claim, negligence claim, property dispute, debt claim | Claim form, letter before action, solicitor file, insurance correspondence | Both before and after death | Record as contingent or disputed until settlement or judgment. |
Personal injury claim liability | ||||
Other | Accident claim, employer liability claim, occupiers liability claim | Claim letter, insurer file, accident report, solicitor correspondence | Both before and after death | Check insurance cover before reserving estate funds. |
Tenant deposit or landlord claim | ||||
Other | Deposit repayment, property damage claim, cleaning charge, rent set-off | Tenancy agreement, deposit scheme record, inventory, checkout report | Both before and after death | Record net liability after deposit protection scheme decision or agreement. |
Property repair invoices | ||||
Household Bill | Builder, plumber, electrician, roofer or gardener invoice | Invoice, quote, work order, bank payment, email correspondence | Both before and after death | Separate unpaid pre-death invoices from repairs ordered by executors. |
Funeral expenses | ||||
Funeral or Estate Expense | Funeral director, coffin, cremation or burial fee, celebrant, flowers | Funeral invoice, receipts, bank payment, funeral plan paperwork | After death | Record reasonable funeral costs separately from lifetime debts. |
Funeral plan shortfall | ||||
Funeral or Estate Expense | Uncovered disbursements, plan contribution shortfall, optional service costs | Funeral plan contract, provider statement, funeral director invoice | After death | Record only the estate-funded shortfall after plan benefits are applied. |
Burial plot or memorial costs | ||||
Funeral or Estate Expense | Grave purchase, interment fee, headstone, inscription, grave maintenance | Cemetery invoice, memorial mason quote, deed of grant, receipts | After death | Record separately consider whether costs are reasonable estate expenses. |
Death registration and certificate costs | ||||
Funeral or Estate Expense | Death certificates, copy certificates, coroner-related document fees | Registrar receipts, certificate orders, coroner correspondence | After death | Record as administration or funeral-related expense, not pre-death debt. |
Probate application fees | ||||
Funeral or Estate Expense | Probate application fee, sealed office copies, court service fee | Probate application receipt, HMCTS payment confirmation, solicitor bill | After death | Record as estate administration expense after death. |
Estate property maintenance after death | ||||
Funeral or Estate Expense | Locks, alarm, clearance, gardening, heating, repairs, insurance compliance | Invoices, receipts, agent statements, insurance requirements | After death | Record as administration expense do not deduct as date-of-death debt. |
House clearance and storage costs | ||||
Funeral or Estate Expense | Clearance company, skip hire, storage unit, removal costs | Quotes, invoices, receipts, estate agent requirements | After death | Record as estate expense offset any sale proceeds from chattels. |
Property sale costs | ||||
Professional Fee | Estate agent commission, EPC, auction fees, conveyancing sale costs | Agency agreement, completion statement, solicitor invoice, auction account | After death | Record as sale or administration expense, not date-of-death debt. |
Probate solicitor fees | ||||
Professional Fee | Probate advice, estate administration, conveyancing, beneficiary correspondence | Client care letter, fee estimate, invoices, completion statement | After death | Record as professional administration expense separate from deceased unpaid legal bills. |
Unpaid legal bill before death | ||||
Professional Fee | Conveyancing bill, litigation invoice, divorce solicitor invoice | Solicitor invoice, engagement letter, statement of account, file correspondence | Before death | Record as estate debt if services were provided before death. |
Accountant or tax adviser fees | ||||
Professional Fee | Final tax return, estate accounts, IHT schedules, business accounts | Engagement letter, invoice, fee quote, tax return correspondence | Both before and after death | Split deceased unpaid fees from executor-instructed administration fees. |
Valuation fees | ||||
Professional Fee | RICS property valuation, jewellery valuation, business valuation, share valuation | Valuer engagement letter, valuation report, invoice, receipts | After death | Record as administration expense valuation supports asset figures. |
Financial adviser or investment fees | ||||
Professional Fee | Adviser fees, platform charges, discretionary manager fees, exit charges | Fee agreement, platform statement, adviser invoice, portfolio report | Both before and after death | Record accrued fees to death separately from estate management fees. |
Executor expenses | ||||
Funeral or Estate Expense | Postage, travel, document copies, property visits, bank transfer fees | Receipts, mileage log, invoices, estate account entries | After death | Record reasonable out-of-pocket expenses with receipts avoid personal costs. |
Executor remuneration | ||||
Professional Fee | Professional executor fee, trust corporation fee, will charging clause fee | Will charging clause, engagement terms, invoice, estate accounts | After death | Record only if authorised by will, agreement or law. |
Statutory creditor notice costs | ||||
Funeral or Estate Expense | London Gazette notice, local newspaper notice under Trustee Act 1925 section 27 | Gazette notice, newspaper invoice, publication confirmation | After death | Record publication cost notice helps protect personal representatives before distribution. |
DWP benefit overpayment | ||||
Other | Pension Credit, Universal Credit, Attendance Allowance or PIP overpayment | DWP letter, benefit statements, bank credits, repayment notice | Both before and after death | Record recoverable overpayment check whether payments after death were reclaimed. |
State Pension overpayment | ||||
Other | Pension paid after death, arrears adjustment, DWP recovery claim | DWP letter, bank statement, Tell Us Once confirmation, repayment request | After death | Record repayment due to DWP separately from date-of-death liabilities. |
Private pension overpayment | ||||
Other | Workplace pension paid after death, annuity overpayment, scheme recovery | Pension provider letter, scheme statement, bank credits, repayment invoice | After death | Record confirmed reclaim offset any arrears or death benefits separately. |
Care funding repayment or adjustment | ||||
Other | Local authority care charge adjustment, NHS funding clawback, direct payment balance | Council statement, NHS decision letter, care account, direct payment ledger | Both before and after death | Record confirmed repayment or reserve for disputed care funding decision. |
Student loan balance | ||||
Other | Student Loans Company balance, income-contingent repayment arrears | SLC statement, payslips, HMRC records, correspondence | Before death | Check cancellation rules many income-contingent loans are cancelled on death. |
Tax credit overpayment | ||||
Other | Working Tax Credit or Child Tax Credit overpayment | HMRC notice, award letters, bank credits, repayment demand | Both before and after death | Record recoverable amount after HMRC confirms final position. |
Deprivation of assets recovery claim | ||||
Other | Council claim linked to assets given away to reduce care fees | Council assessment, correspondence, gift records, bank statements | Both before and after death | Record as disputed or contingent unless council liability is established. |
Investment or policy loan | ||||
Secured Debt | Loan secured on life policy, investment bond or share portfolio | Loan agreement, policy statement, platform statement, lender confirmation | Before death | Record debt and identify asset charged or subject to set-off. |
Margin loan or trading account deficit | ||||
Unsecured Debt | CFD loss, spread betting debt, margin call, broker debit balance | Broker statement, margin notice, trading history, closure statement | Before death | Record confirmed debit balance note volatile or disputed valuation date. |
Cryptoasset loan or exchange debt | ||||
Unsecured Debt | Crypto-backed loan, exchange negative balance, DeFi borrowing | Exchange account, wallet records, loan dashboard, transaction history | Before death | Record sterling value and source at death note exchange or wallet evidence. |
Foreign debt | ||||
Other | Overseas mortgage, foreign tax, foreign credit card, overseas utility arrears | Foreign statements, tax notices, translated documents, exchange rate evidence | Both before and after death | Convert to sterling at appropriate date and note jurisdiction and exchange rate. |
Foreign tax liability | ||||
Tax | Overseas income tax, property tax, inheritance or succession tax | Foreign tax assessment, local adviser letter, tax return, payment receipt | Both before and after death | Record separately and consider double tax relief or local estate process. |
Customer refund liability | ||||
Unsecured Debt | Customer deposit, advance payment, unfulfilled order, client refund | Sales ledger, contracts, invoices, customer correspondence, bank receipts | Before death | Record where deceased business owed refunds or deposits personally. |
Tenant deposit repayment owed | ||||
Other | Residential tenancy deposit, holding deposit, deposit scheme repayment | Deposit certificate, tenancy agreement, scheme account, bank receipt | Both before and after death | Record tenant money separately do not treat protected deposit as estate asset. |
Trust or client money liability | ||||
Other | Money held for another, client account balance, trustee reimbursement duty | Trust deed, client ledger, bank account records, beneficiary correspondence | Both before and after death | Exclude beneficially owned third-party money from estate assets where confirmed. |
Lease dilapidations or reinstatement claim | ||||
Other | Commercial lease repairs, reinstatement, yielding-up obligations, landlord claim | Lease, schedule of dilapidations, surveyor report, landlord correspondence | Both before and after death | Record estimated or contingent amount until agreed or determined. |
Regulatory cleanup or compliance liability | ||||
Other | Waste removal, contamination cleanup, enforcement notice compliance | Regulator notice, survey report, contractor quote, business records | Both before and after death | Record as contingent or estimated until scope and liability are confirmed. |
Contractual compensation or damages owed | ||||
Unsecured Debt | Breach of contract damages, refund claim, warranty claim, settlement sum | Contract, settlement agreement, claim letter, court documents | Both before and after death | Record agreed or adjudicated amount otherwise list as disputed contingent liability. |
Charitable pledge or subscription owed | ||||
Unsecured Debt | Enforceable donation pledge, membership subscription, fundraising commitment | Pledge form, charity correspondence, direct debit mandate, gift agreement | Before death | Record only if legally enforceable distinguish from intended legacy. |
Unpaid personal purchase invoice | ||||
Unsecured Debt | Furniture, jewellery, car repair, travel booking, home goods invoice | Invoice, receipt, order confirmation, delivery note, bank records | Before death | Record unpaid amount if goods or services were supplied before death. |
Travel booking liability | ||||
Unsecured Debt | Holiday balance, cancellation fee, cruise payment, travel agent invoice | Booking terms, invoice, cancellation notice, travel insurance correspondence | Both before and after death | Record net liability after refunds, cancellation rights and insurance claims. |
Vehicle-related arrears | ||||
Household Bill | Vehicle tax, garage invoice, tolls, insurance premium, breakdown cover | DVLA record, garage invoice, toll account, insurer statement | Both before and after death | Separate ownership and finance liabilities from running cost arrears. |
Salary or employment overpayment | ||||
Unsecured Debt | Overpaid wages, expenses advance, season ticket loan, employer equipment claim | Employer letter, payslips, payroll records, contract, expense account | Both before and after death | Record confirmed net repayment after final salary and death-in-service benefits. |
Employer or pension scheme loan | ||||
Unsecured Debt | Season ticket loan, relocation loan, hardship loan, pension scheme advance | Loan agreement, payroll deductions, employer statement, pension scheme letter | Before death | Record outstanding balance and check any waiver on death. |
Care equipment hire charges | ||||
Household Bill | Mobility equipment hire, hospital bed hire, oxygen equipment, alarm pendant | Hire agreement, invoices, return receipt, care provider records | Both before and after death | Record unpaid hire and return charges arrange prompt return to limit costs. |
Veterinary or pet care bills | ||||
Household Bill | Vet invoice, boarding kennel, pet insurance excess, cremation charge | Vet invoice, insurer statement, boarding agreement, receipts | Both before and after death | Separate pre-death pet debts from executor-approved animal care costs. |
Bankruptcy or insolvency debt | ||||
Other | Bankruptcy estate claim, IVA balance, DRO-related debt, trustee costs | Insolvency register, trustee letter, IVA supervisor statement, court order | Both before and after death | Take specialist advice insolvency rules may override ordinary distribution. |
Insolvent estate administration order | ||||
Other | Administration in bankruptcy where estate cannot meet debts | Insolvency Act 1986 section 421, insolvency petition, court order | After death | Use where estate may be insolvent do not distribute without insolvency advice. |
Administration bond or surety premium | ||||
Professional Fee | Surety bond, administration bond, insurance premium required for grant | Court requirement, bond policy, premium invoice, probate correspondence | After death | Record as estate administration cost if needed to obtain grant. |
Attorney accounting liability | ||||
Other | Unreconciled attorney spending, repayment owed to estate, third-party claim | LPA accounts, bank statements, receipts, OPG correspondence | Before death | Record only confirmed estate liability attorney misuse may be estate asset claim. |
Lifetime gift tax adjustment | ||||
Tax | Failed PET, gift with reservation, chargeable lifetime transfer tax | Gift records, bank statements, property transfers, HMRC IHT schedules | After death | Record for IHT calculation distinguish estate debt from tax borne by recipients. |
Insurance excess or uninsured loss | ||||
Other | Home insurance excess, motor claim excess, uninsured repair liability | Insurer settlement letter, repair invoice, policy schedule, claim file | Both before and after death | Record net estate liability after insurer payment is confirmed. |
Unpresented cheque or pending payment | ||||
Unsecured Debt | Cheque written before death, pending bank transfer, card transaction | Cheque book, bank statement, payment confirmation, creditor receipt | Before death | Record if underlying obligation remains unpaid after account freeze. |
HMRC penalty or interest | ||||
Tax | Late filing penalty, late payment interest, inaccurate return penalty | HMRC notice, tax account, appeal correspondence, adviser calculation | Both before and after death | Allocate to pre-death tax or executor administration depending on cause. |
Estate rentcharge or communal estate charge | ||||
Household Bill | Freehold estate charge, rentcharge, communal grounds fee, management company charge | Transfer deed, management company statement, demand, title register | Both before and after death | Record arrears and ongoing estate ownership charges separately. |
What Debts Should Be Included In A UK Estate Inventory?
An estate inventory should distinguish debts owed at the date of death from expenses arising after death. Date-of-death debts, such as mortgages, credit cards, unpaid tax, care home fees and utility arrears, normally reduce the estate value. Post-death costs, such as probate fees, estate administration expenses and property maintenance, should usually be recorded separately as administration expenses.
Which Estate Liabilities Need Extra Care?
- Secured debts, especially mortgages and equity release, should be checked against lender redemption statements because interest may continue after death and the debt may be tied to a specific property.
- Joint debts should be reviewed carefully: the estate may remain liable for a joint mortgage or overdraft, while some joint household accounts may transfer to the survivor depending on the contract.
- Tax liabilities can include Income Tax, Capital Gains Tax, Council Tax and Inheritance Tax. HMRC guidance confirms that Inheritance Tax may be payable before probate can be granted in many estates.
- Funeral expenses are commonly paid from the estate, but only reasonable costs should be recorded and receipts should be kept.
How Can Executors Verify Estate Debts?
Executors should collect statements, invoices, redemption figures, tax notices and correspondence showing the balance at death. For uncertain creditors, a statutory notice under section 27 of the Trustee Act 1925 may help protect personal representatives who distribute the estate after giving proper notice, although it does not remove valid creditor claims against beneficiaries.

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