Solicitors bad advice on Inheritance Tax

I'm unhappy that my Solicitor didn't give my family the best advice on my late fathers estate. Who can I go to to get some initial free legal advice to see if I've got a genuine complaint or not? 

Comments

  • Keep_pedalling
    Keep_pedalling Posts: 20,196 Forumite
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    Solicitors are not tax advisors you really need an accountant or IFA for that, so unlikely you have a claim.

    What is your actual complaint? It is difficult to advise with have no details.
  • 359eo
    359eo Posts: 3 Newbie
    Third Anniversary First Post
    Sorry its a complex matter for here but we asked advice on IHT matter and only given 1 option by the Solicitor who was dealing with my parents wills and estates. There is another option which the same Solicitor brought up at a later date which would have improved the tax position had they advised this first time we asked.  They didn't advise us we should speak to a FA so we took it in good faith that there was 1 option only.  So not sure which organisation can help me if not happy with a Solicitors advise?
  • Keep_pedalling
    Keep_pedalling Posts: 20,196 Forumite
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    Only two options does not sound that complicated, why not tells us what they were? Also was this advice given to your parents when making their wills or to you afterwards?

    There have been quite a few changes in recent years so what was good advice a few years ago might be bad advice today.
  • Marcon
    Marcon Posts: 13,798 Forumite
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    edited 12 June 2024 at 11:13PM
    359eo said:
    Sorry its a complex matter for here but we asked advice on IHT matter and only given 1 option by the Solicitor who was dealing with my parents wills and estates. There is another option which the same Solicitor brought up at a later date which would have improved the tax position had they advised this first time we asked.  They didn't advise us we should speak to a FA so we took it in good faith that there was 1 option only.  So not sure which organisation can help me if not happy with a Solicitors advise?
    Not clear if you've made a complaint to the solicitor to enable them to respond? Just say what you've said in your post above and ask them to clarify (a) if they agree it could have led to a better outcome and (b) if so, why they didn't give you both options.

    At that point you should have a much clearer idea of whether your complaint is likely to be valid, and could ask another solicitor if they would be willing to do an initial short meeting to see if you have grounds for a formal complaint (assuming the current solicitor won't resolve things - they need to be given the chance to do so). 
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • Hoenir
    Hoenir Posts: 6,708 Forumite
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    359eo said:
     They didn't advise us we should speak to a FA so we took it in good faith that there was 1 option only.  So not sure which organisation can help me if not happy with a Solicitors advise?
    First you should complain to the firm of solicitors that provided the advice. As has been said earlier tax legislation frequently changes. Worth checking if this indeed the case. 
  • Keep_pedalling
    Keep_pedalling Posts: 20,196 Forumite
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    We don’t even know if the OP is the solicitors client as they seem reluctant to provide the slightest detail, but assuming they are, every solicitor will have a complaints procedure so all they need do is follow that and if they don’t get a satisfactory response they can take it to the legal ombudsman.

    https://www.legalombudsman.org.uk/

    If their late parents were the clients then it is highly unlikely that they will get anywhere.
  • poseidon1
    poseidon1 Posts: 1,080 Forumite
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    Sadly there is a widely held misconception that all solicitors that advise on Wills, are automatically competent in the area of IHT planning.

    Simply, they are not. The typical small high Street firm / 1 man operation will rarely have the depth of expertise or training in this complex area.

    For those members of the public who have substantial IHT exposure, you should be seeking advice from STEP qualified solicitors and indeed accountants. STEP is the Society of Trusts and Estates Practitioners and is a body representing professional private client specialist with specific competencies, training and experience in this area.

    So if IHT planning is your concern, you should be more careful in choice of solicitor. 

    STEP maintains a directory of individual  members and the legal and accountancy practices they work for.
  • user1977
    user1977 Posts: 17,328 Forumite
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    If you want legal advice, you go to another firm of solicitors. It's not likely to be free, beyond a very cursory initial chat perhaps.
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