Solicitor is delaying inheritance

Keep_pedalling

Severing wrote: »

The date of death was 16 months ago, probate was granted a year ago.

That is quite a time gap, so if the house sold for significantly more than the value given for probate then there vary we'll be a CGT / IHT issue that needs to be sorted before the final distribution of the estate.

This should not prevent an interim distribution though. Have you asked for one?

Moogles44

I wonder if they have to wait to see if anyone contests it. I contested a will after a month and it’s been on hold for a year now with all the investigating, Evidence collecting and forming a case and tooing and froing between solicitors.
My relatives , who had no objections to their mums will only got it sorted and the house in about 8 months . I think a month isn’t long to be honest as could be massively longer. Be aware that every email and phone call that you make, even a simple thank you message will be charged £25 - £1000 so it adds up very quickly and will probably come out of the estate so watch that. I’d ask for a copy of their bill every month too and I got charged for questioning the bill . I also got charged for saying I’d paid the bill !
Be careful and I’d be patient

eddyinfreehold

nyermen wrote: »

I know little to nothing about this area, but I would suggest you explore (google?) "Executor Year" if you don't know the term already.

Peter

The "Executor's Year" is from everything I've read something of a myth these days. I think it dates back to feudal Copyhold Law from the middle ages, became common law and was written out in the Victorian era. I have had people tell me you HAVE to settle everything in 12 months etc etc. I have even been told by an IFA that if HMRC haven't sorted out their act a year and a day after the Grant of Probate then they have no comeback and the estate is complete. That is abject nonsense.

No, there is no time limit to winding up an estate.

Keep_pedalling

eddyinfreehold wrote: »

The "Executor's Year" is from everything I've read something of a myth these days. I think it dates back to feudal Copyhold Law from the middle ages, became common law and was written out in the Victorian era. I have had people tell me you HAVE to settle everything in 12 months etc etc. I have even been told by an IFA that if HMRC haven't sorted out their act a year and a day after the Grant of Probate then they have no comeback and the estate is complete. That is abject nonsense.

No, there is no time limit to winding up an estate.

The main hold up in this case seems to be the house sale. Where a property is involved it would be impossible to to meet an arbitrary 1 year time scale in many cases.

getmore4less

A couple of months from a house sale over 12 months after death would not be excessive.


Did the other 2 executors get involved or just hand over to the solicitor to be sole executor?

Out,_Vile_Jelly

Colleagues at work have waited well over a year for inheritance issues to be finally sorted. View it as a pleasant bonus that will arrive sometime rather than something to be instantly factored into your existing finances.

Yorkshireman99

eddyinfreehold wrote: »

The "Executor's Year" is from everything I've read something of a myth these days. I think it dates back to feudal Copyhold Law from the middle ages, became common law and was written out in the Victorian era. I have had people tell me you HAVE to settle everything in 12 months etc etc. I have even been told by an IFA that if HMRC haven't sorted out their act a year and a day after the Grant of Probate then they have no comeback and the estate is complete. That is abject nonsense.

No, there is no time limit to winding up an estate.

There is an abundance of case law to support the presumption of acting within a reasonable timescale. Whilst the executor's year is not cast in stone any executor taking longer than a year is potentially liable to pay the beneficaries any losses incurred for undue delay. In the OP's case based on what they have said the solicitor has not acted quickly enough.

Ziggazee

Remember. following the sale of the house there are often final bills to sort, insurance refunds, etc, and these can take a while.


Also, HMRC are very very behind at the moment and they're taking an age to deal with things. Whilst they may have released an interim IHT account in order for probate to be granted, they may still be making their enquiries before they can finalise the IHT situation.


Be patient and matters will be concluded at the appropriate time

Yorkshireman99

There may be good reason but the executor should keep people reasonably up to date.

getmore4less

Yorkshireman99 wrote: »

There may be good reason but the executor should keep people reasonably up to date.

they have.

they've only said that the hold is due to capital gains/inheritance tax and we would not see anything until the end of this month