IHT solicitor 'no win - no fee' service?

cc120

Will any IHT solicitor take on a case on a 'no win - no fee' basis?

Credit-Crunched

cc120 wrote: »

Will any IHT solicitor take on a case on a 'no win - no fee' basis?

What is an IHT solicitor?

Who are you fighting? HMRC, Relatives?

More details please

TadleyBaggie

See http://forums.pepipoo.com/index.php?showtopic=96814 for a little more detail.

cc120

Credit-Crunched wrote: »

What is an IHT solicitor?

Who are you fighting? HMRC, Relatives?

More details please

Hi Credit-Crunched, sorry for the delay in replying but was expecting a email alert that never arrived.

I mean a solicitor who specializes in inheritance tax, or perhaps a specialist accountant could help?

Fighting HMRC, as didn't claim (we didn't know had to, thought was an automatic procedure) for first spousal IHT allowance. There are 4 beneficiaries/siblings. One of the benefactors who is also an executor is still living in one of the 2 properties left. This property is to be split between him and one of the beneficiaries, the other property to be split between all 4 beneficiaries, and is empty. Unfortunately, the estate will now face a fine of approx £100,000 as the benefactor / executor did not go through probate, and has not paid any of the fines. Second spouse passed in 2011.

cc120

TadleyBaggie wrote: »

See http://http://forums.pepipoo.com/index.php?showtopic=96814 for a little more detail.

Hi TadlyBaggie, sorry for the delay in replying but was awaiting email alert which never arrived.
This link doesn't work, can you re-submit please?

SeniorSam

The appointed executors had responsibility for dealing with the administration of the estate. They were responsible to the beneficiaries, as well as dealing with payment of any taxes and can be held responsible if they did not act in the best interest of the beneficiaries.

The Will of the first to die could have been changed by Deed of Variation within two years of death if it was appropriate. Also the Will of the second to die could be changed within 2 years if approipriate.

To ask a Solicitor or Accountant specialising in IHT to carry out work without an agreed fee is most unlikely, but paying fees may be beneficial if appropriate grounds can be found. The appointed executors may feel duty bound to find the fees in this case?

Sam

cc120

Hi Sam, thank you. It is unlikely that he would do that. Yes we now know the claim period was 24months, far too late for that.

SeniorSam

It would be up to the beneficiaries to take action if the executors are unwilling or unable. A court action could change the executors so that some action could be taken. Seek professional advice, but be prepared to pay for the services you require.

Sam

CLAPTON

cc120 wrote: »

Hi Credit-Crunched, sorry for the delay in replying but was expecting a email alert that never arrived.

I mean a solicitor who specializes in inheritance tax, or perhaps a specialist accountant could help?

Fighting HMRC, as didn't claim (we didn't know had to, thought was an automatic procedure) for first spousal IHT allowance. There are 4 beneficiaries/siblings. One of the benefactors who is also an executor is still living in one of the 2 properties left. This property is to be split between him and one of the beneficiaries, the other property to be split between all 4 beneficiaries, and is empty. Unfortunately, the estate will now face a fine of approx £100,000 as the benefactor / executor did not go through probate, and has not paid any of the fines. Second spouse passed in 2011.

who were the executors?
were they family or professionals

maybe you have saved a few bob already by not using the professional which is going to cost dear

don't make the same mistake again.

sheramber

background here

https://forums.moneysavingexpert.com/discussion/comment/66996995#Comment_66996995

cc120

SeniorSam wrote: »

It would be up to the beneficiaries to take action if the executors are unwilling or unable. A court action could change the executors so that some action could be taken. Seek professional advice, but be prepared to pay for the services you require.

Sam

That is the position we have been in for over 3 years. One sibling who could afford to do something about it didn't, no one else could afford to. Comes to the whole point of the posting, but thanks.