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    • claire21
    • By claire21 12th Oct 17, 10:13 PM
    • 31,798Posts
    • 992,331Thanks
    claire21
    HMRC taking months with probate
    • #1
    • 12th Oct 17, 10:13 PM
    HMRC taking months with probate 12th Oct 17 at 10:13 PM
    Solicitor sent forms in to them at start of May , I've paid the IHT and as far as my understanding goes they just need to send a form back to solicitors so they can start to release the money etc and if HMRC aren't happy with anything they query that afterwards. So they have had info months now are HMRC really that backlogged to send the form back to solicitors ?
Page 1
    • Yorkshireman99
    • By Yorkshireman99 12th Oct 17, 10:16 PM
    • 3,146 Posts
    • 2,466 Thanks
    Yorkshireman99
    • #2
    • 12th Oct 17, 10:16 PM
    • #2
    • 12th Oct 17, 10:16 PM
    Quite probably. It is a national scandal.
    • Tom99
    • By Tom99 13th Oct 17, 4:49 AM
    • 244 Posts
    • 108 Thanks
    Tom99
    • #3
    • 13th Oct 17, 4:49 AM
    • #3
    • 13th Oct 17, 4:49 AM
    Is there a house to sell? If so they may have involved the Valuation Office and may be waiting to see if you sell at above the probate value you have returned.

    If there are no assets still to be sold you will just have to keep ringing them, say once a month, and explain you are waiting to distibute the estate.

    Are the solicitors able to make an interim distribution holding back the max that IT could be?
    • eddyinfreehold
    • By eddyinfreehold 13th Oct 17, 8:50 AM
    • 45 Posts
    • 25 Thanks
    eddyinfreehold
    • #4
    • 13th Oct 17, 8:50 AM
    • #4
    • 13th Oct 17, 8:50 AM
    Hi Claire21

    I'm in a similar boat to you but a bit further down the line I think. I'm not sure from what you write whether you have received Grant of probate yet....

    My timeline is as follows

    Father's date of death was late Feb 2016
    IHT400 and all associated forms were submitted in August 2016....
    they were received back with a minor corrections and a "Provisional Calculation of IHT Due" in early November 2016.
    This sum was paid from the Estate by return of post.
    In early December we received the IHT421 from HMRC
    We applied for a Grant of Probate by return.
    Probate was granted on 29th December.
    We calculated the maximum possible amount of IHT that could be charged to the Estate and added 20% on top as a safety margin.
    The property was transferred to my sister and an equivalent sum to its probate valuation distributed to the 2 other beneficiaries ( it was a simple will with 3 executors and the same 3 as beneficiaries).
    All the remaining bonds, funds and shares were cashed in by March 2017 and languish in the solicitor's client account.
    We have heard nothing from HMRC since early December 2016 except telephone enquiries that repeat "the account was sent to Compliance in Feb 2017" where presumably it still languishes. I have gone through the IHT Manual with a fine toothcomb. HMRC have no time limit imposed on them (nor any obligation to respond to chivvying) to make their final calculations and sign the case off.

    I dare say the above won't cheer you up Claire21, but it will give you a picture of the scandalous ineptitude of HMRC and what your expectations might be....
    Last edited by eddyinfreehold; 13-10-2017 at 8:54 AM. Reason: typo
    • Yorkshireman99
    • By Yorkshireman99 13th Oct 17, 9:08 AM
    • 3,146 Posts
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    Yorkshireman99
    • #5
    • 13th Oct 17, 9:08 AM
    • #5
    • 13th Oct 17, 9:08 AM
    HAve you involved your MP yet?
    • eddyinfreehold
    • By eddyinfreehold 13th Oct 17, 9:38 AM
    • 45 Posts
    • 25 Thanks
    eddyinfreehold
    • #6
    • 13th Oct 17, 9:38 AM
    • #6
    • 13th Oct 17, 9:38 AM
    I have discussed it with the other executors and the solicitor. We will wait until after Christmas then probably act together.
    • Yorkshireman99
    • By Yorkshireman99 13th Oct 17, 12:22 PM
    • 3,146 Posts
    • 2,466 Thanks
    Yorkshireman99
    • #7
    • 13th Oct 17, 12:22 PM
    • #7
    • 13th Oct 17, 12:22 PM
    Do it now! They have had plenty of time already.
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