HMRC Inheritance Tac Clearance Certificate / Can Estate Beneficiary Contact HMRC about the it being

ecapdw2

Hi,

The executor (individual) on my fathers estate has been very unhelpful throughout the whole probate/IHT process to the point where I now feel like I need to contact HMRC to see if the IHT clearance certificate has been issued. 

For context my father passed away in spring 2021 and probate was issued in spring 2022 yet the executor is suggesting that he is still awaiting the clearance certificate from HMRC and that HMRC have known issues around timescales for issuing these documents. 

So my question is can I contact HMRC to find out the current position and what information would I need to hand to do so? It's all very frustrating with it being nearly 3 1/2 years since my father passed, all I want is closure but the executor is proving very difficult to deal with and seems extremely closed when it comes to sharing information with my siblings and I.

Help!

Keep_pedalling

Is this a professional executor? It seems highly unlikely that HMRC would delay things this long. 

ecapdw2

Unfortunately not as we'd obviously have some kind or recourse. It's my late fathers former solicitor (retired).

Keep_pedalling

Is he charging the estate for his ‘professional’ services? 

ecapdw2

No, he agreed to do it as a personal favour. This is why it is so hard to push him, he simply reverts to HMRC delays which is frustrating. I can't see a reason why HMRC would not have issued the certificate by now!

Keep_pedalling

The best favour he could have done for you (and himself) would have been to renounce his powers. 

Any money he is sitting in won’t be sitting in a client account as it would a working solicitor. The next thing I would do is to do an interim payment and once give him a deadline for the rest. If this does not work your only option is legal action to get him removed but that will be expensive. 

ecapdw2

I completely agree! An interim payment has been made but he's just dragging his feet now on the finally settling the estate by just stating HMRC have well known delays and he has not had the clearance certificate despite sending the application months ago. I can't help but feel this is an oversight on his behalf and the certificate probably has been issued.

So, back to my original post, if I contacted HMRC as a beneficiary would they at least let me know if the certificate has been issued? If I can and it has then I have something to go back to the executor with. Frustrating!

TheSpectator

So, back to my original post, if I contacted HMRC as a beneficiary would they at least let me know if the certificate has been issued? If I can and it has then I have something to go back to the executor with. Frustrating!

Unlikely, they will only deal with Executor

Marcon

ecapdw2 said:

I completely agree! An interim payment has been made but he's just dragging his feet now on the finally settling the estate by just stating HMRC have well known delays and he has not had the clearance certificate despite sending the application months ago. I can't help but feel this is an oversight on his behalf and the certificate probably has been issued.

So, back to my original post, if I contacted HMRC as a beneficiary would they at least let me know if the certificate has been issued? If I can and it has then I have something to go back to the executor with. Frustrating!

The delays certainly aren't of this order unless there are really major queries - and even then... 

There's nothing to stop you contacting HMRC and asking a general question about how long such a certificate is currently taking, so why not do that? You can then confirm to the executor what the answer was (spoiler alert: probably no more than 6-8 weeks), ask him to chase and copy you in on the letter he sends to HMRC.

If he has screwed up - and my guess is that the has - it might be tempting (not to say valid) for you to object, but that's unlikely to resolve anything. An emollient approach, albeit with teeth gritted, is more likely to get this long-overdue matter wrapped up. 

ecapdw2

Marcon said:

ecapdw2 said:

I completely agree! An interim payment has been made but he's just dragging his feet now on the finally settling the estate by just stating HMRC have well known delays and he has not had the clearance certificate despite sending the application months ago. I can't help but feel this is an oversight on his behalf and the certificate probably has been issued.

So, back to my original post, if I contacted HMRC as a beneficiary would they at least let me know if the certificate has been issued? If I can and it has then I have something to go back to the executor with. Frustrating!

The delays certainly aren't of this order unless there are really major queries - and even then... 

There's nothing to stop you contacting HMRC and asking a general question about how long such a certificate is currently taking, so why not do that? You can then confirm to the executor what the answer was (spoiler alert: probably no more than 6-8 weeks), ask him to chase and copy you in on the letter he sends to HMRC.

If he has screwed up - and my guess is that the has - it might be tempting (not to say valid) for you to object, but that's unlikely to resolve anything. An emollient approach, albeit with teeth gritted, is more likely to get this long-overdue matter wrapped up. 

Thanks for the helpful response, will give it a go!