IHT solicitor 'no win - no fee' service?

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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.

Hi sheramber, ideally I would like to know if is possible to reduce fines, re-instate IHT allowance that wasn't claimed, before I would consider trying to remove the executor.

cc120

SeniorSam wrote: »

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.

Hi Sam, the mental illness, though obvious has not been officially diagnosed. ie bipolar.
Also, the other brother considered, after the second spouse passed in 2011, going to court but was afraid that the costs would just build. After 3 years, of no action, no probate, then we discovered that we should have claimed the first spouse IHT tax allowance. And now have considerable fines plus to boot.

SeniorSam

With what has already been said by so many, I really think that you will never get round to taking action on this and will suffer the results.

If the disability was not there to cause the problem, or contribute to it, then your case for not taking action is almost certainly lost, as is the reason to remove the executor. There have been many press notices about taking action when it comes to mitigating inheritance taxes, but you have obviously chosen to look the other way and not bother.

I suggest that you stop sitting on the fence and looking for the easy and cheap way out. Take action and either go the the courts yourself, or, the better option is to find a good solicitor to take your case, or at least give you the benefit of his expertise to say if you have a case or not.

Good luck
Sam

cc120

SeniorSam wrote: »

With what has already been said by so many, I really think that you will never get round to taking action on this and will suffer the results.

If the disability was not there to cause the problem, or contribute to it, then your case for not taking action is almost certainly lost, as is the reason to remove the executor. There have been many press notices about taking action when it comes to mitigating inheritance taxes, but you have obviously chosen to look the other way and not bother.

I suggest that you stop sitting on the fence and looking for the easy and cheap way out. Take action and either go the the courts yourself, or, the better option is to find a good solicitor to take your case, or at least give you the benefit of his expertise to say if you have a case or not.

Good luck
Sam

Thank you Sam. I think the case for removing the executor is implicit in his inaction. I thought the other member of the family was dealing with this, as he has most to lose/gain, but he wasn't. I also gave details regarding previous posts to the relevant party, to search for an appropriate professional, but again nothing was done. I think he initially thought that HMRC would chase the matter.

SeniorSam

Such a pity that the executors did not work together as was intended by the parents. They must be dissapointed in the loss of theire hard earned wealth. I hope that steps can now be taken to settle this matter as best they can, but try to get it done. Further delay will only add more fines. You need to get he right solicitor without more delay and have exhausted what you can get from forums such as this.

Sam

getmore4less

Are you mixing up the IHT interest and any penalties.

what is the potential breakdown?

HMRC Penalties are an executor liability not the estate

System

The STEP solicitors website covers this point:
http://www.step.org/tackling-troublesome-executors


[FONT=&quot]"First, where an executor has not intermeddled and cannot be persuaded to renounce (either because he refuses or has not been traced), but equally is taking no steps to obtain a grant of probate, he can be cited by the person next entitled to a grant to accept or refuse probate (NCPR r.47(1)). If the executor fails to appear or apply for a grant, the citor is entitled to apply for a grant to himself "[/FONT]

So another executor, or a beneficiary, can take measures to secure probate in default of action by the named executor. I would have thought a competent suitably qualified solicitor could have steered you through this process ages ago.

SeniorSam

Perhaps a solicitor could have if any of the executors had bothered to take action. This has now been suggeted earlier.

Sam

System

SeniorSam wrote: »

Perhaps a solicitor could have if any of the executors had bothered to take action. This has now been suggeted earlier.

The executor(s) have clearly been asleep. But the beneficiaries could have taken some action either to stir them or by-pass them.

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SeniorSam wrote: »

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

Thank you Sam. As this mental illness has not been and is unlikely to be officially (as in a medical diagnosis), couldn't the grounds of removal be that the executor has not acted in any of the benefactors interests?