Is the solicitor stalling???

Sjoyo

Hi everyone!

Ok so this is my first post, so please be kind as I dont know all the terms I need to use!! My uncle died in June 2018. He knew it was coming and had sorted everything he could out with his solicitor. After his death it took months for his lodger to move out do the sale of the house was delayed. The house finally went up for sale and eventually sold and completed in April this year. Since then, the solicitor registered the thing they needed to. Not sure what it's called, but it's that thing that I managed to search and check the date it was done (28th April). The solicitor has now said that HMRC is taking it's time with the tax (sounds unlike them to be slow to collect money??) Also they said that the amount paid to the beneficiaries (which was meant to be a set amount and made up less than half the estate value) would be less than expected.

I've never been involved in probate before so I'm just wondering is this all completely normal??? And what happens to the interest that is accumulating on the estate in the solicitors account? It's the estates money surely as it doesn't belong to the solicitor??

It feels like the solicitor is dragging their feet deliberately. Oh and the house suspiciously sold for a lot less than what it should have (considering it was in a nice part of london)

I'm only a beneficiary and don't feel like I can pipe up as I'm not an executor. I just dont want my uncles money being wasted and the solicitor pocketing money that they shouldn't be

Any guidance would be very welcome as I'm only suspicious not knowledgable about it all

Thanks in advance!!!

Keep_pedalling

It is quite possible that HMRC have still to finalise the IHT bill. This should not effect any beneficiaries that are due to get set amounts unless the will fails to state that those bequests are to be paid free of tax.

The type of accounts used for solicitors client account are not the sort that attract interest, but if they did it would be paid to the residual beneficiaries.

Malthusian

Sjoyo wrote: »

The solicitor has now said that HMRC is taking it's time with the tax (sounds unlike them to be slow to collect money??)

Not really. HMRC can afford to be infinitely patient as they will get the money eventually and the Government can borrow money almost for free. Only mortal individuals get impatient.

The property was only sold in April so I see no reason to disbelieve the solicitor.

Also they said that the amount paid to the beneficiaries (which was meant to be a set amount and made up less than half the estate value) would be less than expected.

Did the Will say they would get set amounts? If there isn't enough in the estate to pay fixed legacies then naturally they would be reduced, but if the set amounts are less than half the estate value, that's not the case.

As Keep Pedalling said it could be due to IHT if the Will doesn't say the bequests are to be paid free of tax.

Oh and the house suspiciously sold for a lot less than what it should have (considering it was in a nice part of london)

Naturally. It was a dead person's house and there was an IHT bill to pay. (*edit* And thanks to the lodger, the deadline was even more pressing than normal.) It likely needed renovation, and a quick sale was needed, so it went cheap.

SALJAF

A close friend of mine gifted me a car in 2017. Sadly he passed away in January 2019. The car is parked in his house (he said he would get it repaired for me but passed away before he could do so)
He died intestate so his property is going through probate (or so his cousin claims)
As the car was gifted to me and I have the log book, does this mean the car is outside probate? And if it is am I legally entitled to reclaim it if his house is under probate?

Dox

SALJAF wrote: »

A close friend of mine gifted me a car in 2017. Sadly he passed away in January 2019. The car is parked in his house (he said he would get it repaired for me but passed away before he could do so)
He died intestate so his property is going through probate (or so his cousin claims)
As the car was gifted to me and I have the log book, does this mean the car is outside probate? And if it is am I legally entitled to reclaim it if his house is under probate?

Technically it isn't part of the estate if he gave it to you in 2017. However, you may have trouble convincing anyone else that was the case, given the length of time between the claimed gift and his death, unless of course the car is now insured by you, in your name, and your name is on the logbook?