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Hello George, I am Keith, one of the experts on Just Answer, and happy to help you with your question. I live in Scotland and as you will see this is a tricky one.
You should be aware that there has recently been an expose in the media regarding extensive misuse of clients' moneys by individual Scottish solicitors with a marked lack of action by The Law Society of Scotland.
From the tenor of your question it would appear that two properties are involved. The one occupied as your sole or main domestic residence will escape Capital Gains Tax (CGT) through Private Residence Relief. Any gain made on the other from a probate value will, however, expose the owners not to more Inheritance Tax, but CGT on the gain. As the individuals, not the solicitor, will be personally liable for the CGT the retention of the moneys appears inappropriate.
You may have to insrtuct another solicitor, in itself not popular move within the profession, with a view to the moneys being released.
I do hope that my reply has been of assistance.
little more info my brother left house and all his stuff to my sister,my sisters friend lived on her own died a spinster her will inc house was around £230,000 her house was sold before my sister passed away, my brothers approx £240,000,so my sister left all in her will to 4 brothers i am the executor we paid inheritance tax at beginning of her will withing months of her death in 2011, i already says to the solicitor surely as clients my brother sister and her friend and me and brothers he should be working on our behalf ,and sort out inherithance tax and cgt tax of which we know nothing about ,as was hust unfortuneate they passed away within 2 years.I still dont know what do to as i am fed up phoning n contacting the 2 i know in the firm ?
what do you advise ?
I have already made the suggestion that ypu may have to approach another solicitor for assistance.
However, you could first try writing to the firm involved and ask for an explanation in writing as to why moneys are being with held.
This case is exceptionally complicated and I am having difficulty in grasping what exactly has happened. If you could set this out in strict chronological order it would be of great assistance.
Can i get back to you as i need to get all paperwork for all 3 wills sorted withe dates etc.
Would it be worthwhile contacting law society ?
Thank you for your support.
I will happily go on considering your position if you can give me the events in strict chronoligical order.
I was told the cost was £36 i see from my bank statement £46 was taken.
I have cancelled my subscription