Probate value vs Estate Accounts - £40k difference?
Probate value vs Estate Accounts - £40k difference?
Author
Discussion

VeeReihenmotor6

Original Poster:

2,538 posts

198 months

Thursday 15th December 2022
quotequote all
Hi,

I've never inheritated anything before and we have just had notifcation of a distribution on a set of simple accounts (3 bank accounts with cash in, no property) that has taken 2 years to get to this point.

The probate letter submitted to HMRC stated £102k however the estate accounts provided by the solicitor on distribution shows £60k. It has been split equally 4 ways as per the will and distributed.

What sort of reasons would generate a £40k difference? Is that normal? My wife is the beneficiary, can she ask the solicitor to explain and what sort of documentation should she be looking for?

Cheers

Pro Bono

683 posts

100 months

Thursday 15th December 2022
quotequote all
You may have been mistaking the gross value of the estate and the net value. There could have been £102k's worth of assets but debts of £40k.

Do the estate accounts not make it clear?

Jeremy-75qq8

1,639 posts

115 months

Thursday 15th December 2022
quotequote all
Ask for accounts.

I would have a punt on legal fees !

Enut

974 posts

96 months

Thursday 15th December 2022
quotequote all
Jeremy-75qq8 said:
Ask for accounts.

I would have a punt on legal fees !
Sadly probably this, why has it taken two years to get to this point (other than solicitors dragging it out to justify fees obviously)?

VeeReihenmotor6

Original Poster:

2,538 posts

198 months

Friday 16th December 2022
quotequote all
I have the accounts - they are simple. No property, the deceased uncle had 3 Bank accounts with cash in and that is all. No debts. Some fees for the solicitor (£4700) and stonemason. Funeral expenses. That bit is all clear and reasonable, i just can't work out why there is £60k of cash in the accounts but £102k submitted to probate.

I've researched some more and will ask for a copy of the IHT205 form that was submitted to probate.

Edited by VeeReihenmotor6 on Friday 16th December 12:18

VeeReihenmotor6

Original Poster:

2,538 posts

198 months

Friday 16th December 2022
quotequote all
Enut said:
Sadly probably this, why has it taken two years to get to this point (other than solicitors dragging it out to justify fees obviously)?
This is why i am concerned - the executor is pretty laid back but is also in the same social circle as the solicitor. Not to say there is unprofessional play but have noted loads of money has been spent (2 storey extension, 3 new cars) by executor and his kids over the last 2 years. I know the uncle kept lots of cash in his house (house owned by the executor as part of a farm) as my wife's mum used to clean for him (she died and hence why my wife took her equal strip in the will).


jeremyc

27,139 posts

307 months

Friday 16th December 2022
quotequote all
Have you seen a copy of the will? It is possible that it wasn't an equal distribution of all assets amongst the beneficiaries (for example the Executor might have been left £42K with the remainder to be split four ways).


VeeReihenmotor6

Original Poster:

2,538 posts

198 months

Friday 16th December 2022
quotequote all
yes I have the will - 4 equal distributions and that has been confirmed in the estate accounts too.

Pieman68

4,275 posts

257 months

Friday 16th December 2022
quotequote all
VeeReihenmotor6 said:
This is why i am concerned - the executor is pretty laid back but is also in the same social circle as the solicitor. Not to say there is unprofessional play but have noted loads of money has been spent (2 storey extension, 3 new cars) by executor and his kids over the last 2 years. I know the uncle kept lots of cash in his house (house owned by the executor as part of a farm) as my wife's mum used to clean for him (she died and hence why my wife took her equal strip in the will).

So you said there was no property to the estate - I presume that you mean an extension to the executor's property showing additional spending on their part (along with the cars)

I would think that they would have to be very careful to be able to show where the funds have come from, as if they're spending from the estate and then splitting a smaller amount that would suggest some very dodgy ground

johnao

685 posts

266 months

Friday 16th December 2022
quotequote all
VeeReihenmotor6 said:
Enut said:
Sadly probably this, why has it taken two years to get to this point (other than solicitors dragging it out to justify fees obviously)?
This is why i am concerned - the executor is pretty laid back but is also in the same social circle as the solicitor. Not to say there is unprofessional play but have noted loads of money has been spent (2 storey extension, 3 new cars) by executor and his kids over the last 2 years. I know the uncle kept lots of cash in his house (house owned by the executor as part of a farm) as my wife's mum used to clean for him (she died and hence why my wife took her equal strip in the will).

Could the £40,000 be Potentially Exempt Gifts (PETs)? Gifts made within seven years of death.