INHERITANCE TAX AND GRANT OF PROBATE PROCESS-CHAOS!

georgina28

Sadly, there are many of us being completely let down by the system, so you are not the only one however it doesn’t make you feel any better does it

We paid our first IHT instalment in June 2022, and by November 2022 the full probate application had been submitted. I waited 16 weeks before chasing, then was told it had extended from 16 to 20 weeks so waited again, then I chased again around Apil 2022 to be told there was no application and that my solicitor had to get in touch with the probate office. They said they couldn’t speak to me because I hadn’t submitted the paperwork a solicitor had. Finally, we got given the 16-digit reference number despite being told they didn’t have it, they suddenly ‘found’ the application. They even implied we hadn’t submitted the paperwork or that our solicitor had not done their job. It was very stressful. You should know that now the rules have changed, and they can indeed speak with you, so do not let them ignore you anymore!

From April 2022 to December 2023, I have continued to ask for an update to be told there is no news, and it will take as long as it takes. I made a formal complaint to HMCTS who are investigating my complaint but still state that the outcome of that investigation will not speed up my application.

A week before Christmas of 2023 my solicitor received correspondence from HMRC (the first form of communication since we paid the initial IHT payment in June 2022 so over 18 months) Their letter was to advise us that not only had they not sent the IHT421 form to probate (first time we knew it was missing), but they were also now demanding a payment of £23K before they will send it. In my eyes this is blackmail because we need the grant of probate. However, we cannot access the funds without probate, and we cannot get probate without using the funds to pay HMRC.

I have contacted my local MP, my deceased fathers’ MP, I have had an article published in the independent online, complained to HMCTC, and am now contacting HMRC with my thoughts on the matter. I have also written to the minister of Justice, who has replied but cannot assist.

I really feel for you as I know exactly what you are going through. There are no words to describe the level of stress and anxiety that is caused by this. I am less than 8 weeks away from the three-year anniversary of my dad’s passing and am still in limbo!

You may have already done these, but in case you haven’t, investigate the following options:

HMCTS - customerinvestigations@justice.gov.uk I emailed them and re-sent the email everyday until I got a response. It was after the 15th re-send that I got an answer. So be persistent. I literally types at the top of each email which number it was i.e. this is the 8th time I have sent this email.

Complaints procedure - HM Courts & Tribunals Service 

Ministry of Justice - userinvestigations@justice.gov.uk You should get a holding email/confirmation so keep that filed. I then chased after a month and got a response two days afterwards.

Your local MP – they need to respond to you, so email them/write to them or if you can attend their surgery if they have one.

I am hoping to be able to link my article that was published in the independent soon, so that, people can read/share/comment to get the message out there. the rules of t his site say I cannot add links until I have been on the forum a while.

There are many of us hiding in the shadows of grief, but if we come together, we may be able to get a reaction!

mybestattempt

I sympathise so much with the distress of situation you are in. 

I believe public awareness of the delays with and between HMRC and HMCTS is growing, the BBC Radio 4 programme You and Yours yesterday was about this very issue and highlighted several specific cases. It certainly alerted me to the extent of the problem and the effect on those grieving.

I do hope you matters are settled for you soon.

HUMBUG

georgina28 said:

Sadly, there are many of us being completely let down by the system, so you are not the only one however it doesn’t make you feel any better does it

We paid our first IHT instalment in June 2022, and by November 2022 the full probate application had been submitted. I waited 16 weeks before chasing, then was told it had extended from 16 to 20 weeks so waited again, then I chased again around Apil 2022 to be told there was no application and that my solicitor had to get in touch with the probate office. They said they couldn’t speak to me because I hadn’t submitted the paperwork a solicitor had. Finally, we got given the 16-digit reference number despite being told they didn’t have it, they suddenly ‘found’ the application. They even implied we hadn’t submitted the paperwork or that our solicitor had not done their job. It was very stressful. You should know that now the rules have changed, and they can indeed speak with you, so do not let them ignore you anymore!

From April 2022 to December 2023, I have continued to ask for an update to be told there is no news, and it will take as long as it takes. I made a formal complaint to HMCTS who are investigating my complaint but still state that the outcome of that investigation will not speed up my application.

A week before Christmas of 2023 my solicitor received correspondence from HMRC (the first form of communication since we paid the initial IHT payment in June 2022 so over 18 months) Their letter was to advise us that not only had they not sent the IHT421 form to probate (first time we knew it was missing), but they were also now demanding a payment of £23K before they will send it. In my eyes this is blackmail because we need the grant of probate. However, we cannot access the funds without probate, and we cannot get probate without using the funds to pay HMRC.

I have contacted my local MP, my deceased fathers’ MP, I have had an article published in the independent online, complained to HMCTC, and am now contacting HMRC with my thoughts on the matter. I have also written to the minister of Justice, who has replied but cannot assist.

I really feel for you as I know exactly what you are going through. There are no words to describe the level of stress and anxiety that is caused by this. I am less than 8 weeks away from the three-year anniversary of my dad’s passing and am still in limbo!

You may have already done these, but in case you haven’t, investigate the following options:

HMCTS - customerinvestigations@justice.gov.uk I emailed them and re-sent the email everyday until I got a response. It was after the 15th re-send that I got an answer. So be persistent. I literally types at the top of each email which number it was i.e. this is the 8th time I have sent this email.

Complaints procedure - HM Courts & Tribunals Service 

Ministry of Justice - userinvestigations@justice.gov.uk You should get a holding email/confirmation so keep that filed. I then chased after a month and got a response two days afterwards.

Your local MP – they need to respond to you, so email them/write to them or if you can attend their surgery if they have one.

I am hoping to be able to link my article that was published in the independent soon, so that, people can read/share/comment to get the message out there. the rules of t his site say I cannot add links until I have been on the forum a while.

There are many of us hiding in the shadows of grief, but if we come together, we may be able to get a reaction!

Absolutely shocking from HMRC and HMCTS and I hope both their CEO's are removed from office. Yes , I can imagine the distress this has caused you and it is unacceptable. 

I was luckier than you because my issue got resolved within 10 days by sending several emails to their CEOs , copying them to their helpdesks and my MP . I also sent copies of the webchat transcripts and kept hassling them until they responded. 

In the end I got a 'snotty' letter from one of their helpdesk people saying they had provided my grant of probate within their deadline time but it ended with the below sarcastic remark which I was unhappy with. 

"If you can fully explain why you feel the service given by HMCTS was so disgusting we can then further investigate the issue that are raised."

I sent them this reply :
--------------------------------------------------------------
Dear Madam

I have now received my grant of probate (many thanks).

My complaint with the full details were escalated to the CEO's of HMRC and HMCTS several days ago by my MP.

The issue is this:

On the 15th Nov 23 , form IHT421 was claimed to have been issued on Sharepoint by HMRC  but HMCTS claim it wasn't . Therefore , I the customer was advised to contact HMRC when both of you should have resolved your internal communication problems yourselves.

I have wasted many hours trying to resolve this matter and you should be more aware that bereaved families have other important matters to sort out rather than get involved in process issues between your 2  departments.

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I doubt they will reply because they are being inundated with complaints via local MPs and I do not blame the staff but the senior managers, who have allowed these problems to worsen over the last few years.