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I need to find a way to get the inland revenue. to reveil why my husband's will has not been made probate,3yrs9months after his death
Optional Information: Province/Country relating to question : Scotland Already Tried: Phoning, emails letters, local Mp
Thank you for your question.Can you give me more details? HMRC don't usually apply for this. The executor does.
what details do you require
I have heard that there is some kind of order we can get to make them answer our questions. One of my sons is executor.
Has your son lodged the estate inventory with the court and applied for Confirmation?
No my son has not lodged the estate with the court. I have now found a house I would like to buy can my son sell the one I am in, as it was left to the family?
It the job of the executor to prepare the estate inventory and the HMRC forms, get any inheritance tax paid and lodge the application for Confirmation with the court. Only after Confirmation has been granted can the executor transfer or sell the house.If the house has been left to the family, the family have to agree whether the house is to be retained or sold, or if some beneficiaries are going to be bought out etc. the executor cannot decide this on his own where the actual house has been left as opposed to the proceeds of sale of the house. If the executor unduly delays in winding up the estate the beneficiaries can go to the court and ask for an order for count reckoning and payment. In practice this means that the estate will be wound up under the supervision of the court. I hope that this helps. Please leave positive feedback so that I am credited for my time.
Experience: 27 years as a practising solicitor.