Remove Solicitor From Probate

[mjp86]

Hello all. My father is a joint executor for his mum's estate who passed away Jan 2021. The executors appointed a solicitor to handle the probate application, but the solicitor has been absolutely useless. They have verbally said that probate has been granted but provided no evidence of this. Have also been waiting for HMRC to confirm the inheritance tax bill but there has been no update from the solicitor this year, they are dodging phone calls and not responding to emails etc.

The executors have finally agreed that one of them (my dad) needs to take the lead and replace the solicitor as the main point of contact for the probate/ inheritance tax processes. I am helping my father with this so I am trying to find out what exactly we would need to provide HMRC (reference number or hard copy letter etc) in order for them to acknowledge my father is now the main contact so that they would be willing to speak to him about the estate and if there are any outstanding issues etc. Can anyone help to identify what documents/ reference numbers etc he would need, or what the process would be to do this? I have tried to get this information out of HMRC directly but after endless hours of phone calls we are still no closer to finding out the answer from them unfortunately.

Thank you for your help.

[Pezza54]

Have you searched the Probate registry online? Costs £1.50 If the solicitor is right and Probate has been granted, you should find it.
Was it your Dad who provided the solicitor with financial info to complete the IHT form?
The solicitor should have provided him with a copy of the completed and signed IHT form.
Has the solicitor been paid anything or submitted an invoice for fees?

[Pezza54]

If you can't find the Probate grant you should complete the form for HMRC IHT Reference Request on www.tax.service.gov.uk
If you fill in the form for your Dad you will need to tick the box you are an agent acting on behalf of executor.
Any problems phone 0300 1231072

[Pezza54]

If there is IHT to pay on your grandmother's estate HMRC will have started to add interest 6 months after the date of her death.
To avoid this interest executors can make payments to HMRC on account before the actual amount of tax is calculated.

[atticus]

If Probate has not been granted yet, why not ask the solicitor to renounce the right to take out a grant of Probate?

If Probate has been granted, then you can apply to the court for an order removing an executor. This would be under s50 Administration of Justice Act 1985 and CPR Part 64. Professional advice strongly recommended.

[PallasAthena]

Is the solicitor an executor? I read it that the solicitor has been hired by the Executors to carry out the work of preparing the Probate application but is not an Executor themself. Perhaps mjp86 could clarify that point?