Hi
I am involved in a property transaction which has now been going on since April. The sticking point is probate and Inheritance tax.
I am a former solicitor (though I never did tax or probate) and I have personal experience of doing this process for family members so I have a reasonable idea of what it involves
I am trying to buy a house from a seller whose seller in the upper chain now needs the grant of representation to be granted before they can sell to my seller. The house I am buying does not involve probate but they are not willing to move until they have somewhere to move into.
The solicitor handling the probate for my seller’s seller is a one man band who seems to have terrible online reviews snd a reputation for not responding/ not acting on instructions.
My sellers solicitor has written to him and asked when he applied for IHT and why it is taking so long.
The solicitor in question wrote back and said it was all down to HMRC delays and that he is waiting for “preliminary clearance” on the IHT before he can submit the probate application.
However my understanding is that the guidance on HMRC website says they are meeting their 15 day processing times and that if you wait 20 working days or longer you can submit your probate papers anyway.
It does not say you have to wait months and months and you have to wait until you get “preliminary clearance” before you can apply for probate.
My feeling is that the solicitor is incompetent and stalling for time and using HMRC as an excuse.
Am I correct in asserting that you do not have to wait for preliminary clearance from HMRV before submitting a probate application?
Many thanks
Jonathan
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