Is wife liable to pay tax debts incurred from a film finance scheme she opposed?

A_Ward

My husband died over a year ago and I have recently received some APNs (advanced payment notices) from HMRC in relation to some film finance schemes he invested in. The amounts are huge and just part payments of much bigger tax bills to come. I told my husband years ago I wanted no part in these schemes, it's not fair that I should have to sell my house to pay for his debt. Is it just tough luck or is there any way out of this? And if I do have to do this, will HMRC still be charging me interest on the amount until I sell the house to raise the money (I don't have the funds to pay them now)? They have given me 90 days to pay before interest starts being added, it could take a year or more to sell my house.

Yorkshireman99

A_Ward wrote: »

My husband died over a year ago and I have recently received some APNs (advanced payment notices) from HMRC in relation to some film finance schemes he invested in. The amounts are huge and just part payments of much bigger tax bills to come. I told my husband years ago I wanted no part in these schemes, it's not fair that I should have to sell my house to pay for his debt. Is it just tough luck or is there any way out of this? And if I do have to do this, will HMRC still be charging me interest on the amount until I sell the house to raise the money (I don't have the funds to pay them now)? They have given me 90 days to pay before interest starts being added, it could take a year or more to sell my house.

Did your late husband invest in these alone or jointly with you? Is the house jointly owned? You obviously need urgent paid for professional advice

A_Ward

He invested alone. He brought home the paperwork for me to sign but I refused.
Property in his name but I am joint executor and part beneficiary in his will (and wife for 18yrs) Probate has been granted so I am able to sell assets.

Yorkshireman99

In which case the debts are due to be paid from the estate assets. Go and see a solicitor immediately.

A_Ward

Thanks. The other executor is my husbands best friend, he took on someone to sort out the tax affairs. This person has never dealt with me at all and doesn't reply to my e-mails. I might be wrong but have a feeling my husband may have forged my signature for the film finance and his best friend signed as a witness which would explain why he's arranged for the tax bill to be sorted whilst giving me everything else to sort out. However if I'm liable to pay it from the estate (my home) regardless of whether I signed or not it's not worth investigating that. I'll get an independent solicitors advice I think.

Yorkshireman99

A_Ward wrote: »

Thanks. The other executor is my husbands best friend, he took on someone to sort out the tax affairs. This person has never dealt with me at all and doesn't reply to my e-mails. I might be wrong but have a feeling my husband may have forged my signature for the film finance and his best friend signed as a witness which would explain why he's arranged for the tax bill to be sorted whilst giving me everything else to sort out. However if I'm liable to pay it from the estate (my home) regardless of whether I signed or not it's not worth investigating that. I'll get an independent solicitors advice I think.

Yes you must do as I said do not delay. I a sorry I can’t offer any other advice.

Margot123

Is it possible to have it 'set aside' pending an investigation into the alleged forged signature?

As YM99 says, waste no time in seeking the advice of a solicitor local to you who specialises in this field.

Keep_pedalling

A_Ward wrote: »

Thanks. The other executor is my husbands best friend, he took on someone to sort out the tax affairs. This person has never dealt with me at all and doesn't reply to my e-mails. I might be wrong but have a feeling my husband may have forged my signature for the film finance and his best friend signed as a witness which would explain why he's arranged for the tax bill to be sorted whilst giving me everything else to sort out. However if I'm liable to pay it from the estate (my home) regardless of whether I signed or not it's not worth investigating that. I'll get an independent solicitors advice I think.

What happened to the investments in the tax scam? I find it hard to believe your husband was involved with something like this and all he has left you is a house. I am not suggesting you have done anything wrong, but I would be worried that you are being left to carry the can, with someone else sitting on a pile of your husbands squirrelled away dirty money.

Blackbeard_of_Perranporth

The short answer is No, the wife is not liable to pay.

Unfortunately, the Estate is liable!

SEEK PROFESSIONAL ADVICE

A_Ward

@ keep peddaling.... He put a lot of money into the family home, pool, tennis court etc which I finally sold upon his death. It took 5 yrs to sell with the price dropping every year. I didn't get back enough to pay the mortgage on it so all the money there has gone. He went on boys holidays too but had a well paid job with bonuses so I didn't notice there was any extra money coming from elsewhere. He kept all paperwork in his office, I knew nothing. I bought a smaller, more manageable house after selling the family home. He had another property with a large mortgage on it too so I have been trying to sell that for a year.

A_Ward

@ Blackbeard, thanks, so by that reasoning HMRC will wait until estate assets have sold before expecting payment.