Wills- Estate and HMRC - any experience?

[lokijet]

My brother is the main beneficiary of his godfathers estate. His godfather died in may 2014 and he is still awaiting any funds from the estate ( I was a minor beneficiary and already had my distribution 2 years ago)

The lawyer (who outsourced alter administration of the estate) is suggesting he can make an interim distribution to my brother but that half the estate continue to be held just in case there is a challenge from HMRC around tax paid before death.

Given the passage of time and as his godfather was a pensioner with some investment income I am surprised a ) there is still ongoing risk of challenge for the tax years prior to death b) the level of retention being considered

Anyone got experience or been through similar

PS my brother is based overseas which is why Im asking on his behalf.

It seems quite a long time. I did my father's estate (it took me 100 hours of time) and that took us about a year including selling the house but we were very quick as the family did it all themselves. We certainly had to receive confirmation from HRMC that no more tax was due.

Why not just ask him for copies of his l etters to HMRC and HMRC's replies as that is surefly likely to give the answer and perhaps the latest tax return submitted?

4 years is ridiculous unless the person who died was still working/trading and there was eg a business to be sold and complex issues over payments of capital tains tax on shares etc etc

You could request the interim payment but express disquiet about the length of time this is taking. Once the interim amount is received pursue a complaint going through the firm's complaints process, ending with the legal ombudsm an. I cannot see why this would take 4 years. My parents which involved numerous properties, one to be sold, the rest conveyed into beneficiaries names, stocks and shares and including iht took 18 months.

Could it be they believe there’s a significant risk the tax is owed, and don’t want to poke the hornets nest? After 6 years HMRC can’t recover.

Thanks the deceased was retired and made a death bed will with this lawyer (it was in my opinion poorly drafted) but i know it has taken time to track down all his estate and overseas shareholdings

The overseas shares might be the reason for the delay I suppose.