Delay in payment of proceeds of will

[tereyk]

I inherited an amount of money from a family member who passed away in March 2010. I finally received the inheritance in Oct 2012 after what seemed like gross inefficiency by the solicitor.

Since that time, I've moved country, bought and moved house again and suffered a family bereavement. I have only got around to paying the CAT due.

I rang the tax office to discuss and was told that the valuation date is Oct 2011 as that is when probate was lodged by the solicitor and that I am liable for interest and surcharge from 31st Oct 2012 as the tax was due for the tax year 2011/12. I did not receive the money until a full year after probate was lodged. This was after a year of being given one excuse after another by the solicitor and being left for weeks/months with no replies. The guy in the revenue just kept saying to ask the solicitor why there was a delay, but, we had already spent a year asking that without any valid answer at the time. There was an issue where probate had to be taken out for the deceased's dead husband. This took place a few months after the other probate was lodged.

I know that I will have to pay a surcharge and interest from 31st Oct 2013 as I did not file on time, but, I really don't think that I should have to pay interest for the year before that.

Has anyone come across a situation like this or have advice on how I should deal with it?

 

[mf1]

There's a lot going on in this post.

You're talking about gross inefficiency by the solicitor on the one hand and issues arising - "where probate had to be taken out for the deceased's dead husband" which sounds like it was all a bit complicated.

You talk about "probate being lodged" but when was the Grant of Probate issued? How much is involved? Is it worth getting excited about? Do you honestly think the solicitor is to blame? Have you considered writing a letter of complaint to the Law Society?

mf