Final distribution of will

pennydav

My mother died in June 2022 and made  her husband ( Second marriage ) the executor . The relationship between us and him was never good, as he was quite controlling. There was a money sum only left to distribute ( 350K )  - a gift sum of 100k to him and the rest to us 2 children. 
So far we have received an interim payment of £80k of a possible 110k each and this was  a year after her death and at my request .
We have received nothing else since and the solictors  and him are saying that they are waiting on the tax man still . They do not communicate any detail and it is always me asking for an update. They have kept over 60k back for bills and the tax man but my mother was retired with a pension ?
I have made a formal complaint to them about lack of progress and money withheld . Are we entitled to ask for a second interim payment and is tax a likely reason for an 18 month delay ? Is there any interest due on monies withheld ? 

Keep_pedalling

Unfortunately where solicitors are involved distribution always takes longer. On the positive side having solicitors involved means the distribution is going to be controlled by them rather than your SF. His bequest is covered by spousal exemption and your bequest is covered by her NRB so there will be no IHT although there may be some income or capital gains tax to pay.

tooldle

There can be a delay with HMRC. When was probate obtained? I’ve an estate in progress at the moment and won’t start the clock ticking until probate is granted. Solicitors will advise not to distribute until 6 months have lapsed from the date of probate. This is to allow the legal time for challenges to pass. The executor would be liable should they distribute and then find a previously unknown claimant pops up. 

Flugelhorn

solicitors will definitely take ages and hold back money until absolutely everything is done and dusted - they don't want to have to come back to the beneficiaries asking for money back. You should get a copy of the accounts in time and can see the amounts on that. How much are the solicitors charging?

pennydav

Probate was granted a year ago . The solicitors havent said how much they are charging - just an invoice so far for approx two thousand pounds already taken out of remaining . Not quite sure what for ? Obviously  my Mums husband has his money so there is no hurry to pay us ! They have held £10000 on account to pay their fees and accountants ? TIA for helpful comments

Flugelhorn

pennydav said:

Probate was granted a year ago . The solicitors havent said how much they are charging - just an invoice so far for approx two thousand pounds already taken out of remaining . Not quite sure what for ? Obviously  my Mums husband has his money so there is no hurry to pay us ! They have held £10000 on account to pay their fees and accountants ? TIA for helpful comments

payment is for dealing with the estate - much cheaper if you or mum's widower had done it themselves - seriously can take ages with them doing it - you will get the money eventually..

DE_612183

pennydav said:

Probate was granted a year ago . The solicitors havent said how much they are charging - just an invoice so far for approx two thousand pounds already taken out of remaining . Not quite sure what for ? Obviously  my Mums husband has his money so there is no hurry to pay us ! They have held £10000 on account to pay their fees and accountants ? TIA for helpful comments

That should not be the case until all the estate is settled.

May be worth while you employing a solicitor to deal with it from your end - may cost a bit but divided between two of you worth it