Average time for HMRC to issue Clearance Certificate (IHT 30)

gwernybwch

I'm the executor on a family member's will. Lots and twists and turns but the Application for Clearance Certificate (IHT 30) was finally submitted in July 2020.

I chase the Solicitor on a quarterly basis and get a similar response each time along the lines 'now with the HMRC, nothing we can do' or 'we can chase them, but it's gonna cost ya'.

I realise that there is probably a backlog (worsen by covid), but this does feel like a long time for even some kind of response.

Are there other people that have waited this long? Is there anything that can reasonably be done to jog this along?

One other query; in response to the last chasing email I received this response from the Solicitor:

"although it is best practice to wait for a clearance certificate before making final distributions.....you may want to discuss with your fellow executors the possibility of distributing the funds we hold as I feel that we are unlikely to receive any challenges to the IHT return at this late stage".

I'm wonder whether others also think that a lack of a response from the HMRC means that any challenge for them is now unlikely?

Thanks in advance for any replies.

SeniorSam

It does seem the HMRC are exceptionally behind in their work and I would try and get through to the right department at HMRC  yourself.  Your solicitor also  is not too good at progressing matters after all this and  I would be writing a complaint letter to that firm after this time.

Mainly the clearance certificate is issues to confirm that any taxes have been paid. If you are sure that those taxes have in fact been paid and there are no outstanding debts, I would feel that you could distribute most of the estate now, perhaps leaving an amount to follow just in case.

Others may have suggestions to your problem also.

gwernybwch

Thanks for the reply.

From what I'm reading contacting the HMRC is the best option. What types of information would you expect them to be able to provide? 

Confirmation that the form at least has been received? An estimated time of completion? Just want to get some kind of understanding what I can expect from them.

My understanding is that the submission to the HMRC was in effect that there was no tax to pay. I don't think that the benefactors are particularly chomping at the bit to get at the funds rather to have a decision on whether there aren't substantial amounts of tax to pay. For me, I just want to have my role as an Executor over and done with, knowing that I have completed the role to the best of my ability.

Yes, most certainly will be leaving reviews for the Solicitors when this is all over.

FWIW: I previously asked for the complaints procedure on the Solicitor at the firm, mostly in relation to her attitude and changing advice. However she left the firm before the complaint was submitted. The case was then passed to the Senior Partner. I have informally checked what they did and confident that the work that was done was good, solid work, just painfully slow. Things move slowly in the shires........

SeniorSam

"Confirmation that the form at least has been received? An estimated time of completion? "

That's exactly right, plus perhaps ' is there any additional information you need, if not, why has this not been completed'?

If you do send a letter of complaint to the solicitors, just make sure that it is headed 'Letter of Complaint' so that it then has to be formally acknowledged and the solicitors have to report the complaint to their controlling body.

If you need to get solicitors moving when they have been so lax, it can often 'rattle their cage' if you comment that you are considering a formal complaint if action is not forthcoming.

gwernybwch

Thanks for the replies. Just to give an update on this; I did contact the HMRC as advised. 25 minutes of greensleeves and finally got through to the right person (who to be fair, was very knowledge and helpful) who told me that there was no record of the IHT30 on their system waiting to be processed. I go back to the Solicitor and tell them this. They then tell me that they now realise that received the clearance certificate back in November!!!!!

Mzingaway

The Solicitor handling my late Aunts estate says " he is not sure if HMRC has issued clearances on the inheritance tax yet!...
My Aunt passed away September 2020 leaving a very straight forward will . There was a bungalow to sell which I did and the sale from start to finish took 12 weeks .Completion on October 13 2022. Is there any reason why this is now being held up.?