IHT solicitor 'no win - no fee' service?

SeniorSam

Yes. This can be confirmed by yoursolicitor, sojust find someone and get moving.

Sam

cc120

getmore4less wrote: »

Are you mixing up the IHT interest and any penalties.

what is the potential breakdown?

HMRC Penalties are an executor liability not the estate

Hi getmore4less
Properties worth circa 800,000.
Penalties now around £50,000 to £100,000
IHT allowance tax £300,000, as not claimed within 24 months.

cc120

SeniorSam wrote: »

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

A great pity, only one executors all others beneficiaries. The executor was unhappy about how the estate was split.
I have suggested my sister-in-law speak to a will specialist at a practice I experienced good service from another of their solicitors, but she hasn't yet. And suggested she look on http://www.lawsociety.org.uk/ to search for wills and probate solicitors.

Is there a better source for solicitors?

cc120

Clifford_Pope wrote: »

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.

Thank you. So would I have Clifford_Pope, as I stated elsewhere in thread, I thought the benefactor who had most to gain/lose was acting appropriately. Apparently he was worried about the expense of a long, drawn out court case (he is supporting 3 children). Instead so much time has passed and now we discover that we should have 'claimed' for the IHT allowance within 2 years, but 3 years have now passed from the second spousal passing. But will pass this info on.

xylophone

The parents were joint tenants on the properties?

The will of the second to die named one of his four children as executor and his will left the proceeds of the properties to be split between all four in certain proportions?

The executor lives in one of the properties, has mental health problems ( although no formal diagnosis) and is unhappy about how the proceeds of sale are to be split.

Presumably he is also unhappy about being required to leave the house.

In the circumstances, he has simply not proceeded to probate.

The other beneficiaries (including the OP) have each thought that the other(s) should be requiring the brother/ executor/beneficiary to act.

If one of them doesn't act, the situation will drag on and at some point HMRC will cut up rusty?

Are HMRC actually aware of the fact that probate has not been sought?


It would seem that even if the spouse exemption had been claimed in time, the value of the estate would have meant that some IHT was due.

Is there any money in the estate to pay IHT/make payments on account?

https://www.gov.uk/paying-inheritance-tax/yearly-instalments

As it is the OP is the person who seems most concerned about the lack of action, he/she can approach a STEP solicitor experienced in contentious probate - the solicitor may well agree to wait until the properties can be sold before presenting his bill but HMRC? The solicitor will have to see what can be arranged.

http://www.step.org/online-directory

It would seem that the executor has been negligent but HMRC may well take the view that if the siblings knew about his procrastination, they should have taken steps to remedy the situation?

cc120

xylophone wrote: »

The parents were joint tenants on the properties?

The will of the second to die named one of his four children as executor and his will left the proceeds of the properties to be split between all four in certain proportions?

The executor lives in one of the properties, has mental health problems ( although no formal diagnosis) and is unhappy about how the proceeds of sale are to be split.

Presumably he is also unhappy about being required to leave the house.

In the circumstances, he has simply not proceeded to probate.

The other beneficiaries (including the OP) have each thought that the other(s) should be requiring the brother/ executor/beneficiary to act.

If one of them doesn't act, the situation will drag on and at some point HMRC will cut up rusty?

Are HMRC actually aware of the fact that probate has not been sought?


It would seem that even if the spouse exemption had been claimed in time, the value of the estate would have meant that some IHT was due.

Is there any money in the estate to pay IHT/make payments on account?

https://www.gov.uk/paying-inheritance-tax/yearly-instalments

As it is the OP is the person who seems most concerned about the lack of action, he/she can approach a STEP solicitor experienced in contentious probate - the solicitor may well agree to wait until the properties can be sold before presenting his bill but HMRC? The solicitor will have to see what can be arranged.

http://www.step.org/online-directory

It would seem that the executor has been negligent but HMRC may well take the view that if the siblings knew about his procrastination, they should have taken steps to remedy the situation?

Thank you xylophone, that is all correct, though the property the executor (who was unhappy about how the estate was split) lives in is to be split between himself and another brother. The other property, where no one lives, is to be split 4 ways between all 4 benefactors. The brother who was to act has most to lose/gain and the only one with the money to do anything about it, but didn't as he was worried about a long, drawn out court case, without guaranteed results.
The same will followed on from the first spouse, unchanged by the second spouse which made that sibling the executor.
As to what HMRC know, all I know is that probate has not taken place.
There might have been money in the estate to pay IHT, etc, but I very much doubt there is now.
If sister-in-law doesn't call step, though she promised to follow all this up this year, I will, unfortunately I am skin myself!

getmore4less

I wonder if HMRC can claim against a named executor for doing nothing.

Acting as an executor is a voluntary role, Is there any legal requirement to do anything, just because you are named in a will, until you accept the role or intermeddle.

SeniorSam

cc120.... IF your sisiter in law has little time, there is nothing to stiop YOU seeking out a good STEP solicitor and explaining the position to him. It that initial conversatuion goes well, then arrangements can be made for a meeting with the executors, all or one, to discuss costs and action.

This action should be taken within the next week or so, not 'this year'. With such a delay the executors are likely to be peanalised far more.

Sitting on the fence can only cause more problems and the loss of more in fines.

Sam

cc120

SeniorSam wrote: »

cc120.... IF your sisiter in law has little time, there is nothing to stiop YOU seeking out a good STEP solicitor and explaining the position to him. It that initial conversatuion goes well, then arrangements can be made for a meeting with the executors, all or one, to discuss costs and action.

This action should be taken within the next week or so, not 'this year'. With such a delay the executors are likely to be peanalised far more.

Sitting on the fence can only cause more problems and the loss of more in fines.

Sam

Thank you Sam, she told me end of last year (when we found out about the IHT debacle) that she wasn't going to start looking into it at the beginning of this year. I haven't heard from her a couple of days, so maybe she's done something, but if not I will get the ball rolling.
Is steps.org a better route than to go to http://www.lawsociety.org.uk/ and search for wills and probate solicitors?

CLAPTON

it would seem to me that the one practical way forward is to have a solicitor act as executor and to take his (substantial ) fee from the estate once probate is obtained

however it would need the agreement of all the beneficiaries

delay will only make the situation worse.