Not enough in estate to cover IHT?

[GeoffS]

What happens if:
A. The executor finds the deceased has given away nearly all his assets over the previous 7 years (including to relatives overseas) so there is no longer enough in the estate to cover the IHT liability? Is the executor personally liable for the tax?

B: As above but the deceased dies intestate. How does the taxman try and recover the IHT owed?

[MIKEL2]

First of all I am not a lawyer nor tax expert. But on what I understand if the deceased had survived seven years after having donated their assets there is no IHT due.

The fact that the deceased died intestate should not I don't think have any effect on the IHT liability /calculation as long as it can be shown and demonstrated that the assets were transferred in the preceding 7 years before death.

[GeoffS]

My question is what happens if rhe deceased died BEFORE the 7 years so there was an IHT liability which cannot be met by what remains in the estate.

[MIKEL2]

Sorry GeoffS,

I doubt very much that the Executor can be made personally liable. The Executor is effectively an administrator of the estate and I would imagine that it would be up to the IR to chase up any amounts due from the beneficiaries.