Waiting over a year for HMRC assessment

Annie1612

Hi

Don’t know if anyone has any experience or knowledge of this who can advise…

I am an executor for a will, along with my partner, which is being dealt with by the family’s solicitor. Part of the estate was held in a life interest trust. We have been waiting for this part of the estate to be assessed for (presumably) capital gains tax by HMRC for over a year now. In that time, the solicitor dealing with it has changed twice.

We were informed initially, by the original solicitor (who was efficient and kept us well informed!) that the estate was registered with HMRC in May 2023. He said that provided all the paperwork was in order, we could expect a response in 5 months due to a backlog. It has been 13 months now. We have asked for updates from current solicitor, but she never answers emails, and if we phone or go to the office, she always seems to be working from home that day. We leave a message with the receptionist, but there is never a response. 

I realise there probably hasn’t been any communication from HMRC yet, but should someone, ie. the solicitor, not be chasing this up at this point, in case there is a problem, and should we be putting pressure on to get her to do this? Or is this a reasonable timescale to expect HMRC to deal with things. Probate wasn’t needed and there is no inheritance tax due, we are just waiting for this final bit to get closure on this.

Devongardener

As executor you could contact HMRC yourself, do you have copies of what was submitted by the original solicitors or any acknowledgement from HMRC showing a reference number? 

 I don’t know how complicated the estate is, but I’d be inclined to give the solicitor an ultimatum to demonstrate what work they have done to chase the application, if they don’t respond tell them you’re either looking for another solicitor or taking the process over yourself.

Marcon

Annie1612 said:

Hi

Don’t know if anyone has any experience or knowledge of this who can advise…

I am an executor for a will, along with my partner, which is being dealt with by the family’s solicitor. Part of the estate was held in a life interest trust. We have been waiting for this part of the estate to be assessed for (presumably) capital gains tax by HMRC for over a year now. In that time, the solicitor dealing with it has changed twice.

We were informed initially, by the original solicitor (who was efficient and kept us well informed!) that the estate was registered with HMRC in May 2023. He said that provided all the paperwork was in order, we could expect a response in 5 months due to a backlog. It has been 13 months now. We have asked for updates from current solicitor, but she never answers emails, and if we phone or go to the office, she always seems to be working from home that day. We leave a message with the receptionist, but there is never a response. 

I realise there probably hasn’t been any communication from HMRC yet, but should someone, ie. the solicitor, not be chasing this up at this point, in case there is a problem, and should we be putting pressure on to get her to do this? Or is this a reasonable timescale to expect HMRC to deal with things. Probate wasn’t needed and there is no inheritance tax due, we are just waiting for this final bit to get closure on this.

Not the way for a solicitor to behave. Make a formal complaint to her firm - the website will have details of the procedure.

Annie1612

Devongardener said:

As executor you could contact HMRC yourself, do you have copies of what was submitted by the original solicitors or any acknowledgement from HMRC showing a reference number? 

 I don’t know how complicated the estate is, but I’d be inclined to give the solicitor an ultimatum to demonstrate what work they have done to chase the application, if they don’t respond tell them you’re either looking for another solicitor or taking the process over yourself.

Unfortunately we didn’t take copies - really we should have, but the original solicitor was very good and we trusted them to do a competent job. I will go into the office and see about getting any information to contact them. Wasn’t aware we could do that. Thank you for the reply!

Edited to add: other than the life interest trust, the will is quite simple, everything to two beneficiaries, no inheritance tax and no probate required, and the property has been sold etc. I want to know if the paperwork is in order or not and if that is the reason for the long delay. This same firm of solicitors drew up the will and trust for the estate.