3 Year Delay in Executing Estate

Hi,

Long-time reader, first-time poster.

Background as follows;

- I was named as a beneficiary in a will in 2007
- under the terms of the will, I and AN other beneficiary are entitled to separate "suitable roadside building" sites in a field
- the executor to the will is entitled to the rest of the field (away from the road)

Over the last couple of years, there has been some correspondence from the solicitor acting on behalf of the estate, largely around which site I would get, which site the other beneficiary would get, and how the executor might be able to get access to the rest of the field (e.g. access road location, etc).

The last communication was in july 2009, from the solicitor of the estate, to note that agreement had been reached on which sites would be given to which beneficiaries but that, before the sites could be transferred, tax would have to be paid. Since then, there has been no communication, but I do know that the executor has applied for planning permission to build the access road to the back of the field as planned.

Any guidance on;

- whether the delay is normal
- whether the executor could have applied for planning permission without a grant of probate being issued

My concern is that, if the grant of probate has been issued, I'm liable to tax based on the value of the site at that date, plus interest (c. 8% per year) subsequently. Am I right?

Thanks for any help you can give.

I would suggest you make an appointment to see the solicitor dealing with the estate and address your concerns directly. Any answers on here are speculation, and if the clock has started ticking for you in relation to inheritance tax, the sooner you address this the better.