HRMC Hell!

Marcon

If your sister in law isn't getting the help she needs from her solicitor and accountant, it's wholly unrealistic to think strangers can add anything of real 'tailored' value based on a few paragraphs of information.

As a general observation, how about a formal complaint if you feel HMRC is being excessively heavy handed: https://www.gov.uk/complain-about-hmrc

Unfortunately it does seem as if they have plenty of valid grounds for an in depth investigation, so how far that would get you isn't clear.

Keep_pedalling

One possibility to take the pressure off her, would be to appoint someone with the right expertise as a POA in this matter.

Margot123

Keep_pedalling wrote: »

One possibility to take the pressure off her, would be to appoint someone with the right expertise as a POA in this matter.

Excellent suggestion. Perhaps the OP can run that by the SIL and her legal representative.

vigman

Keep_pedalling wrote: »

One possibility to take the pressure off her, would be to appoint someone with the right expertise as a POA in this matter.

Just be absolutely clear the suggestion is my SIL appoints someone as her POA and that person then acts as executor for her father's estate?

Thanks

Vigman

vigman

Thanks everyone. Just a few points.

The only major financial transaction in the last seven years was the sale of the FIL's primary residence to pay the nearly £1500 per week specialist care home fees. By this time my SIL was taking action to remove the adviser as POA and joint executor. In the last seven years of his life my SIL declared known income from rentals and pensions to HMRC

Before that my FIL had ridiculous total trusting faith in his friend and thought he was always acting on his behalf. He would never have colluded in any sort of fraud but equally he would not have believed his friend capable of cheating him or anyone else. By the time he was getting dementia and grieving for his wife, the adviser, acting as POA was buying and selling assets for his own benefit with FIL's money with nothing going into FIL's account!

It is a sad state of affairs and my SIL is now suffering for these years of bad financial handling.

Vigman

Margot123

vigman wrote: »

Just be absolutely clear the suggestion is my SIL appoints someone as her POA and that person then acts as executor for her father's estate?

Thanks

Vigman

Yes, that would be the case, but in the circumstances it would be advisable to use a solicitor/professional specialising in this area.

It will cost money but your SIL sounds as though she is at breaking point. A small price to pay for a some peace of mind. I really son't envy her at all, this really is awful. Good on you for trying to help as best you can.

Keep_pedalling

vigman wrote: »

Thanks everyone. Just a few points.

The only major financial transaction in the last seven years was the sale of the FIL's primary residence to pay the nearly £1500 per week specialist care home fees. By this time my SIL was taking action to remove the adviser as POA and joint executor. In the last seven years of his life my SIL declared known income from rentals and pensions to HMRC

Before that my FIL had ridiculous total trusting faith in his friend and thought he was always acting on his behalf. He would never have colluded in any sort of fraud but equally he would not have believed his friend capable of cheating him or anyone else. By the time he was getting dementia and grieving for his wife, the adviser, acting as POA was buying and selling assets for his own benefit with FIL's money with nothing going into FIL's account!

It is a sad state of affairs and my SIL is now suffering for these years of bad financial handling.

Vigman

As I understood it, your SIL only took over his affaires in the last 4 years of his life, but previous to that his friend had been selling some of his assets, so it seems unlikely that the only financial transaction in the last 7 years of his life was the sale of his residence. He might not have personally sold anything but his representative did, so there are IHT and CGT issues there.

vigman

Keep_pedalling wrote: »

As I understood it, your SIL only took over his affaires in the last 4 years of his life, but previous to that his friend had been selling some of his assets, so it seems unlikely that the only financial transaction in the last 7 years of his life was the sale of his residence. He might not have personally sold anything but his representative did, so there are IHT and CGT issues there.

Ive been speaking to my wife to get the facts straight and my SIL became sole POA and sole executor about seven and a half years before her father's death. The last four years of his life was when he was in a home. Therefore his representative was not able to take any financial actions in the last seven and a half years of his life.

BTW this is in context of not only both parents dying but also both my wife's brothers died in very unpleasant ways in the last few years. So my SIL is not only trying to sort out the financial mess left by her father but she and my wife are grieving for the loss of all other family members. On top of that she is physically and mentally il. If only HMRC could see the suffering they are causing in this terrible situation

Vigman

Keep_pedalling

Thanks for the clarification.

CRANKY40

Possibly a stupid question but is there any point in asking for a meeting with HMRC?