IHT solicitor 'no win - no fee' service?

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getmore4less wrote: »

Interest kicks in at 6months, I think late filing is after 1 year, will be on HMRC site somewhere.

HMRC are not all bad,

They are much happier when people put the hands up and say sorry we messed up because.... we want to get this sorted can you help.

Thank you getmore4less, sorry for the delay in responding, haven't been too well.

So interest on what is owed needs to be paid at 6 months, and the £2,000 fine and £200 per day begin at 1 year?
I hope your right about HMRC not being so bad : )

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xylophone wrote: »

Presumably the deceased had bank accounts/investments?

How has anybody managed to access these without a Grant?

A Grant was certainly required because there was real estate involved.

Or are you saying that there were only joint accounts with the sibling executor?

This really is an absolute pig's breakfast - burying your heads in the sand is not going to improve the situation.

You need to have a frank conversation with your three siblings, advising them that you are going to approach a STEP solicitor with experience in contentious probate within the week, and that you will be expecting full cooperation from them?

Hi xylophone, thank you. Sorry for the delay in responding to you but haven't been very well. What I said about money in accounts was misleading. I meant that after the fines are paid, there will not be any money in any accounts. I don't know if the sibling executor has joint accounts with the deceased.

What do you mean by a grant?

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Savvy_Sue wrote: »

Forgive me if I'm being dense here, but what long drawn out court case is envisaged here? Is it the one relating to claiming the first-to-die's IHT allowance, or some dispute over the will?

Hi Savvy_Sue, thank you, sorry for the delay in responding to you but haven't been too well. Worry about drawn out court case in removing the benefactor as executor.
Will there be a court case necessary to first to die's IHT allowance?

SeniorSam

The senior partner of the practice is the one to see if you are not happy about the service of another solicitor. After all, he carries the can if a formal complaint is made.

Having said that, your solicitor should be able to recognise if an executor has not acted correctly. In which case the beneficiaries could take an Acton for damages against the executor if a loss has occurred as a result of incorrect actions

Sam

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SeniorSam wrote: »

The senior partner of the practice is the one to see if you are not happy about the service of another solicitor. After all, he carries the can if a formal complaint is made.

Having said that, your solicitor should be able to recognise if an executor has not acted correctly. In which case the beneficiaries could take an Acton for damages against the executor if a loss has occurred as a result of incorrect actions

Sam

Thank you Sam, if they take that route, it might lead him to being homeless, which isn't something I want. Also, getmore4less stated earlier: '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

There is indeed a legal requirement to take appropriate action if you accept the role of an executor. If you choose not to act as such, then you are required to relinquish that appointmant formally. Not to do so can also be actionable, as you could be preventing the benficiaries obtaining their inheritance and obstructing the Will.

The other executors or beneficiaries are entitled to take action against anyone that does not act in the best interests of the beneficiaries, to the point of sueing them for anything lost as a result of neglegence.

Sam

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SeniorSam wrote: »

There is indeed a legal requirement to take appropriate action if you accept the role of an executor. If you choose not to act as such, then you are required to relinquish that appointmant formally. Not to do so can also be actionable, as you could be preventing the benficiaries obtaining their inheritance and obstructing the Will.

The other executors or beneficiaries are entitled to take action against anyone that does not act in the best interests of the beneficiaries, to the point of sueing them for anything lost as a result of neglegence.

Sam

Would all the other benefactors have to be in agreement to follow through with this action against the executor?

SeniorSam

I feel that it would be a little foolish to take an action against an executor if other beneficiaries are not in agreement that they are being disadvantaged. Do they feel that all is in order or feel as you do?

Perhaps if you feel strongly, your own solicitor could write to the executor in question, raising your reasons for feeling as you do

Sam

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SeniorSam wrote: »

I feel that it would be a little foolish to take an action against an executor if other beneficiaries are not in agreement that they are being disadvantaged. Do they feel that all is in order or feel as you do?

Perhaps if you feel strongly, your own solicitor could write to the executor in question, raising your reasons for feeling as you do

Sam

Thank you Sam. All benefactors would not be in agreement as if the executor becomes homeless he would have to come live with me or my sister ; ) The other benefactor wouldn't care if the executor became homeless as far as I can tell.

getmore4less

SeniorSam wrote: »

There is indeed a legal requirement to take appropriate action if you accept the role of an executor. If you choose not to act as such, then you are required to relinquish that appointmant formally. Not to do so can also be actionable, as you could be preventing the benficiaries obtaining their inheritance and obstructing the Will.

The other executors or beneficiaries are entitled to take action against anyone that does not act in the best interests of the beneficiaries, to the point of sueing them for anything lost as a result of neglegence.

Sam

Only if someone asks you to.

Just ignoring an estate as a named executor can't possibly create a liability, you may not even know you are named.