HMRC taking months with probate

Yorkshireman99

eddyinfreehold wrote: »

Sorry I’ve only just come back to this , yes there’s assets etc but as far as I’m aware it’s just getting the initial ‘form’ back from HMRC so my solicitor can arrange the release of funds etc

Rereading this I'm guessing you're at the stage where you want to apply for a Grant of Probate. Do you have the 'receipt' from HMRC saying they acknowledge your initial payment of IHT? With it comes a number needed to apply to the court for Probate. That normally takes about 6-8 weeks. Perhaps you should check with the bank that they have released the funds to HMRC and they have been received. Then go back to HMRC and ask when you can expect the receipt so you can apply for Probate. When you do get Probate you are then free to distribute the Estate according to the will. You must, obviously, leave more than sufficient funds in the Estate account to allow for the worst possible case in terms of an additional IHT demand. Your solicitor will advise here. You might be waiting another year after Grant of Probate going by my experience, so an interim distribution to minor beneficiaries and yourself is reasonable.

In my case...

“Do it now! They have had plenty of time already. Originally posted by Yorkshireman99 ”


Savvy_Sue: "I'd agree with this. It might not have occurred to you, but some executors will spend the Christmas holidays finalising what they're sending to probate and HMRC, causing a bit of a backlog in the new year " ...

Savvy Sue ... I'm not sure if you are referring to my case or the original poster. I didn't mean to hijack the original thread, sorry. From my viewpoint we have submitted all forms, paid the initial tranche of IHT, recieved a Grant of Probate and made an intermediary distribution according to the will. We have waited ten months now for HMRC to come back with an answer as to whether there is further IHT to pay or they are satisfied with our original submission. It is a very complicated position because of trusts, early death of deceased's spouse, a Family Agreement that confuses a Probate from 1969 etc etc. I am not going to be heavy handed with HMRC deploying an MP and extra pressure yet. I do know the case is not 'lost' in the Christmas post though, it was last seen in Compliance in February and there it presumably still languishes. I will be patient.

With respect you are being far too lenient with them. They have had ample time to deal with any issues. In my experience the only thing to speed them up is your MP or the courts. I have sued them three time albeit not on probate issues and on each occasion their solicitor had to listen to a severe telling off from the judge. I also received a grovelling written apology and compensation on each occasion. Don’t delay in kicking their collective backside!

eddyinfreehold

YM99 ... we've been through this already. I don't agree but I respect your opinion and willingness to advise.

I have two joint executors that I don't want to fall out with, and a specialist IHT solicitor advising us. They all feel an MP is too heavy handed at present. I may not agree with them, but falling out would be far worse. I don't believe I could sue HMRC for anything as yet. The parts of the IHT manual in the public domain show no grounds where I would succeed. They are certainly not constrained by a time limit. Some people have said they have 'a year and a day' and then it's a fait accomplis, but I can't see that anywhere. It seems to be an urban myth. The likely answer for the delay is their move over to a computerised system. We went into the queue as they were starting to use it. We were one of the last in the 'paper' system.

Yorkshireman99

eddyinfreehold wrote: »

YM99 ... we've been through this already. I don't agree but I respect your opinion and willingness to advise.

I have two joint executors that I don't want to fall out with, and a specialist IHT solicitor advising us. They all feel an MP is too heavy handed at present. I may not agree with them, but falling out would be far worse. I don't believe I could sue HMRC for anything as yet. The parts of the IHT manual in the public domain show no grounds where I would succeed. They are certainly not constrained by a time limit. Some people have said they have 'a year and a day' and then it's a fait accomplis, but I can't see that anywhere. It seems to be an urban myth. The likely answer for the delay is their move over to a computerised system. We went into the queue as they were starting to use it. We were one of the last in the 'paper' system.

All noted. I agree that legal action might be premature at this time. However, MP's can , and indeed, do get things moving. I don't see any downside in involving them but obviously you need to discuss it with your fellow executors.

eddyinfreehold

YM99

Yes, it is a difficult and thorny matter and patience would appear to be a virtue. I will post progress if and when it appears. Thank you for your help.

Ben_Fogles_Dog

eddyinfreehold wrote: »

Hi Claire21

I'm in a similar boat to you but a bit further down the line I think. I'm not sure from what you write whether you have received Grant of probate yet....

My timeline is as follows

Father's date of death was late Feb 2016
IHT400 and all associated forms were submitted in August 2016....
they were received back with a minor corrections and a "Provisional Calculation of IHT Due" in early November 2016.
This sum was paid from the Estate by return of post.
In early December we received the IHT421 from HMRC
We applied for a Grant of Probate by return.
Probate was granted on 29th December.
We calculated the maximum possible amount of IHT that could be charged to the Estate and added 20% on top as a safety margin.
The property was transferred to my sister and an equivalent sum to its probate valuation distributed to the 2 other beneficiaries ( it was a simple will with 3 executors and the same 3 as beneficiaries).
All the remaining bonds, funds and shares were cashed in by March 2017 and languish in the solicitor's client account.
We have heard nothing from HMRC since early December 2016 except telephone enquiries that repeat "the account was sent to Compliance in Feb 2017" where presumably it still languishes. I have gone through the IHT Manual with a fine toothcomb. HMRC have no time limit imposed on them (nor any obligation to respond to chivvying) to make their final calculations and sign the case off.

I dare say the above won't cheer you up Claire21, but it will give you a picture of the scandalous ineptitude of HMRC and what your expectations might be....:(

I've just seen this post which actually makes me feel a little better as I've "only" been waiting since February 2017 (see my new thread on the same subject). Have you heard anything since you posted this in October?