IHT solicitor 'no win

A question about : IHT solicitor 'no win

Will any IHT solicitor take on a case on a 'no win - no fee' basis?

Best answers:

• See https://forums.pepipoo.com/index.php?showtopic=96814 for a little more detail.
• The appointed executors had responsibility for dealing with the administration of the estate. They were responsible to the beneficiaries, as well as dealing with payment of any taxes and can be held responsible if they did not act in the best interest of the beneficiaries.
  The Will of the first to die could have been changed by Deed of Variation within two years of death if it was appropriate. Also the Will of the second to die could be changed within 2 years if approipriate.
  To ask a Solicitor or Accountant specialising in IHT to carry out work without an agreed fee is most unlikely, but paying fees may be beneficial if appropriate grounds can be found. The appointed executors may feel duty bound to find the fees in this case?
  Sam
• Hi Sam, thank you. It is unlikely that he would do that. Yes we now know the claim period was 24months, far too late for that.
• It would be up to the beneficiaries to take action if the executors are unwilling or unable. A court action could change the executors so that some action could be taken. Seek professional advice, but be prepared to pay for the services you require.
  Sam
• background here
  https://forums.moneysavingexpert.com/...=#post66996995
• I am not saying HMRC have acted incorrectly.
  I already knew that suing the executor was an option, my question specifically asks about whether solicitors might offer a no win no fee service in these circumstances. That's what I meant by your reply not being helpful. The judging part, was that you assumed we would want to sue a member of the family. I hadn't asked about what my options are in these circumstances.
  Quote:
• From what you have told us so far, you really have only one option. That is to apply to the court to remove the executor that will not, or can not take action and get others appointed. Whilst I appreciate that it is not easy, the Settlor would not have wished to appoint a person that was not mentally compitent to deal with his/her estate and I feel sure that this was not the case when the Will was drawn up.
  Unfortunately these problems do crop up and it copuld happen to any of us, That is why there is a system where an application can be made to the court and you don't have to sue anyone. Under the circumstances, they could either appoint someone within the family who was capable, or take over the administration of the estate and get the problems and tax sorted out.
  If no action is taken, then the beneficiaries will suffer by heavy fines being imposed. If action is taken, then the beneficiaries, inluding those who may not be capable, will be protected.
  A good solicitor will not work without payment, but has to justify his fees at the end. My advice would be to stop looking for something that does not exist in a no win, no fee basis, but find a good solicitor that has experience in taking these matters to court and ask him to get on with it on the basis of his fees being paid from the estate. Good luck
  Sam
• Can you clarify
  Are you looking for a solicitor to fight your case with HMRC that you should be allowed to make a late claim
  or
  A solictor to act to remove the existing executor.
• In order to remove an executor, an application needs to be made to the Courts. As the executor in question is a beneficiary as well as being unable to act due to mental issues, the Courts may well elect to take over the administration in order to protect the interests of that person.
  From what information has been given, it may be that the illness has been the cause of not dealing with the estate and therefore a possible reason to overturn a claim for penalty. Only the Courts or Solicitors could determine that.
  Quite obviously there is a need to remove the executor in question before anything else can proceed and it is most unlikely that any solicitor would take on a no win no fee case such as this, as has been ponted out.
  It's not a question of 'fighting HMRC' as much as clarifying the reasons that have led to the present state due to mental illness, all be it the other executors are not blameless in not taking some action earlier.
  If no action is taken then the beneficiaries are likely to loose a great deal more and still not solve the problem of dealing with the wishes of the parents.
  Sam