Probate: Last Stages Taking Ages!

spiral_3

Hello - I’d be grateful for any comments and advice you may have regarding the following situation with our probate ‘journey’.

My father passed away in early 2024 leaving his estate comprising of a property rented out to a tenant (he no longer lived in it) and various funds. He nominated local solicitors as executors and myself and my sister are the beneficiaries.

Probate was granted in July 2024 but there was a pause before we sold the property in April 2025 and it completed at the end of August.

Here’s where things became frustrating:

There was some IHT due, but the amount paid was based on a higher property probate valuation than was realised so just after completion - early September 2025 - the solicitors applied for a reduction in the IHT paid advising us that it could take ‘months’ for a response. They weren’t wrong! It took some nine months: the good news is HMRC agreed to a refund and repaid some money, but we’ve had to wait again since apparently they hadn’t provided the solicitors with any breakdown or even a notification the funds related to our case. 

The solicitors are sure it’s ‘our money’ based on process of elimination with other appeals for refunds they’re handling, but require official notification and a break down from HMRC so said they’d have to request this. Once they receive it, the solicitors would have to contact HMRC again requesting a ‘tax clearance certificate’ which, as we understand it, is HMRC confirming the estate is ‘wrapped up’ with no further tax liability so protecting the executors, and once this has been received funds can be disbursed.

After checking in with the solicitors as to what’s happening (two months after they’d asked HMRC for the above) they’ve heard nothing so we’re nearly at a full year since the property sold. 

The solicitors have told us now, due to the protracted wait, they’re prepared to forget about the IHT refund breakdown if they haven’t heard anything by the end of October and go straight to requesting the tax clearance certificate which, when received, will mean the estate can be distributed. Also, they’re saying this could also take a while to turn up - so more waiting.

My questions:

• If our solicitors are prepared to forget about the IHT refund paperwork in October, can’t they forget about it now and get on with applying for the tax clearance certificate? Also, has anyone heard of HMRC repaying money and not supplying any supporting information?
• We did offer to follow up with HMRC ourselves but our solicitors are reluctant for us to do this: their argument is that it could cause confusion and delay things even more if HMRC are talking to the executors and the beneficiaries. Any views?
• Any thoughts on how long this has taken? I appreciate probate cases vary but it does seem, since the property was sold, things have moved at a glacial pace.
• We’re a bit disappointed with the solicitors in this: all we get is ‘we’re still waiting’. While HMRC are being extremely sluggish in this, we feel the solicitors could have done a better job of at least reassuring us they’re chasing and giving a better impression of actually chasing instead of, as we fear, doing the bare minimum. Is this fair?

Many thanks!

spiral_3

Any comments at all?

Thanks!