Probate and joint executor problems!

royP_2

For the background regarding this post please read  first:

Joint Executors, should each know what the position is regarding Probate etc?

I have this morning received a "Self Assessment; Late tax return Daily penalty reminder" regarding my B.I.L tax return.
Apparently there is already £300 due for late return of his tax return for 2023-2024, with further due the longer the delay in completing His return @£10 per day.
I have sent an Email to the firm handling all his affairs, telling them to sort this quick, but by previous experience very doubtful if they will reply.
Any suggestions as to what I can do about this, I would perhaps like to take all this away from this company and hand it over to a solicitor that I do have faith in, but they are listed as an executor and are meant to sort out all the probate paper work for which BIL paid for when obtaining his will.

   

jlfrs01

I think it's got to be worth a try speaking with HMRC and informing them of the situation so they stop charging interest, assuming they are unaware of it.
It could be tricky for this company or indeed any Executor to settle any debts from the Estate without Probate and access to funds and it could take many, many months for the former to be granted and unless this company has some legal standing, any funds held in frozen bank accounts will probably remain there whereas a Solicitor can request them to settle Estate debts.

p00hsticks

royP_2 said:

For the background regarding this post please read  first:

Joint Executors, should each know what the position is regarding Probate etc?

Joint Executors, should each know what the position is regarding Probate etc? — MoneySavingExpert Forum

royP_2 said:

Apparently there is already £300 due for late return of his tax return for 2023-2024, with further due the longer the delay in completing His return @£10 per day.   

Are you sure that you have those dates right ? Tax year 2023-24 only ended on 4th April this year and the deadline for submitting a return for that year hasn't been reached yet

Self Assessment tax returns: Deadlines - GOV.UK (www.gov.uk)

Far more likely that he didn't get round to submitting his 2022-23 return before his death....

royP_2

Sorry return is for 2022 to 2023

mybestattempt

royP_2 said:

For the background regarding this post please read  first:

Joint Executors, should each know what the position is regarding Probate etc?

I have this morning received a "Self Assessment; Late tax return Daily penalty reminder" regarding my B.I.L tax return.
Apparently there is already £300 due for late return of his tax return for 2023-2024, with further due the longer the delay in completing His return @£10 per day.
I have sent an Email to the firm handling all his affairs, telling them to sort this quick, but by previous experience very doubtful if they will reply.
Any suggestions as to what I can do about this, I would perhaps like to take all this away from this company and hand it over to a solicitor that I do have faith in, but they are listed as an executor and are meant to sort out all the probate paper work for which BIL paid for when obtaining his will.

   

It's not clear if HMRC are aware of the death of your BIL.

If the penalty notice is addressed to him they aren't, but if it's addressed to you as his personal representative then they are.

In any event, as joint executor you need to contact HMRC to explain the difficulties with the other executor in finalising matters for the 2022/23 return.

I've read your previous thread and suggest you take advice from your own solicitor on how to progress the administration of the estate.

royP_2

Thanks for your reply, I have been in contact with my solicitor and I am told that unfortunately executors cannot renounce their appointment if they have already done any work on the estate.  If they have written letters and started work then they cannot step down.  If it turns out they haven't started work then I could ask them to renounce and then apply as the sole executor but she think's it unlikely that they have done nothing.

Telephoned the probate people yesterday and the guy dealing with this was busy on another call [heard that before] so the lady answering the call took all the info I had and said she would sort things out and ring me back, still waiting, will give them today and try again.