IHT solicitor 'no win - no fee' service?

CLAPTON

cc120 wrote: »

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.

it doesn't seem to me you need an IHT solicitor but one who would sue your brother for all everything he has.

cc120

CLAPTON wrote: »

it doesn't seem to me you need an IHT solicitor but one who would sue your brother for all everything he has.

Not helpful, my brother has mental issues, so don't be so quick to judge.

CLAPTON

cc120 wrote: »

Not helpful, my brother has mental issues, so don't be so quick to judge.

I can only know what you choose to tell: which is very little.

Because your brother has mental health problems that doesn't logically mean that HMRC has acted incorrectly.

Don't be so quick to judge some-one trying to help.

Anyway, without full info there is nothing useful to say other than to wish you well and go see a solicitor

cc120

I am not saying HMRC have acted incorrectly.

I already knew that suing the executor was an option, my question specifically asks about whether solicitors might offer a no win no fee service in these circumstances. That's what I meant by your reply not being helpful. The judging part, was that you assumed we would want to sue a member of the family. I hadn't asked about what my options are in these circumstances.

CLAPTON wrote: »

I can only know what you choose to tell: which is very little.

Because your brother has mental health problems that doesn't logically mean that HMRC has acted incorrectly.

Don't be so quick to judge some-one trying to help.

Anyway, without full info there is nothing useful to say other than to wish you well and go see a solicitor

SeniorSam

From what you have told us so far, you really have only one option. That is to apply to the court to remove the executor that will not, or can not take action and get others appointed. Whilst I appreciate that it is not easy, the Settlor would not have wished to appoint a person that was not mentally compitent to deal with his/her estate and I feel sure that this was not the case when the Will was drawn up.

Unfortunately these problems do crop up and it copuld happen to any of us, That is why there is a system where an application can be made to the court and you don't have to sue anyone. Under the circumstances, they could either appoint someone within the family who was capable, or take over the administration of the estate and get the problems and tax sorted out.

If no action is taken, then the beneficiaries will suffer by heavy fines being imposed. If action is taken, then the beneficiaries, inluding those who may not be capable, will be protected.

A good solicitor will not work without payment, but has to justify his fees at the end. My advice would be to stop looking for something that does not exist in a no win, no fee basis, but find a good solicitor that has experience in taking these matters to court and ask him to get on with it on the basis of his fees being paid from the estate. Good luck

Sam

sheramber

Can you clarify
Are you looking for a solicitor to fight your case with HMRC that you should be allowed to make a late claim

or
A solictor to act to remove the existing executor.

SeniorSam

sheramber wrote: »

Can you clarify
Are you looking for a solicitor to fight your case with HMRC that you should be allowed to make a late claim

or
A solictor to act to remove the existing executor.

The answer to that question should be obvious if you read the thread. The removal of an executor should lead to the second.


Sam

sheramber

SeniorSam wrote: »

The answer to that question should be obvious if you read the thread. The removal of an executor should lead to the second.


Sam

The removal of an executor should lead to the second viz
A solictor to act to remove the existing executor.

doesn't make sense.

The OP originally posted in another thread he wanted to find a way to make a claim for the first IH allowance outwith the 24 month limit as 'they didn't know they had to claim within that time limit'.

Then he wanted to know if he could get a solicitor to act on a no win/ no fee basis
in post no4
I mean a solicitor who specializes in inheritance tax, or perhaps a specialist accountant could help?

for Fighting HMRC, as didn't claim (we didn't know had to, thought was an automatic procedure) for first spousal IHT allowance.



Now the posts are talking about removing an executor and/or suing him.

Not what the OP started out asking about.

SeniorSam

In order to remove an executor, an application needs to be made to the Courts. As the executor in question is a beneficiary as well as being unable to act due to mental issues, the Courts may well elect to take over the administration in order to protect the interests of that person.

From what information has been given, it may be that the illness has been the cause of not dealing with the estate and therefore a possible reason to overturn a claim for penalty. Only the Courts or Solicitors could determine that.

Quite obviously there is a need to remove the executor in question before anything else can proceed and it is most unlikely that any solicitor would take on a no win no fee case such as this, as has been ponted out.

It's not a question of 'fighting HMRC' as much as clarifying the reasons that have led to the present state due to mental illness, all be it the other executors are not blameless in not taking some action earlier.

If no action is taken then the beneficiaries are likely to loose a great deal more and still not solve the problem of dealing with the wishes of the parents.

Sam

cc120

SeniorSam wrote: »

From what you have told us so far, you really have only one option. That is to apply to the court to remove the executor that will not, or can not take action and get others appointed. Whilst I appreciate that it is not easy, the Settlor would not have wished to appoint a person that was not mentally compitent to deal with his/her estate and I feel sure that this was not the case when the Will was drawn up.

Unfortunately these problems do crop up and it copuld happen to any of us, That is why there is a system where an application can be made to the court and you don't have to sue anyone. Under the circumstances, they could either appoint someone within the family who was capable, or take over the administration of the estate and get the problems and tax sorted out.

If no action is taken, then the beneficiaries will suffer by heavy fines being imposed. If action is taken, then the beneficiaries, inluding those who may not be capable, will be protected.

A good solicitor will not work without payment, but has to justify his fees at the end. My advice would be to stop looking for something that does not exist in a no win, no fee basis, but find a good solicitor that has experience in taking these matters to court and ask him to get on with it on the basis of his fees being paid from the estate. Good luck

Sam

Hi Sam, thank you. How much might it cost to remove executor via court? Ideally I would like to know if it would be possible to find out if we can claw back on the IHT allowance and possibly reduce fines, before deciding to remove the executor?