CGT on estate

Nbecks

New Member
Messages
2
Good Evening,
I'm a UK resident, so have no idea regarding Irish law and before contacting an alternative solicitor for advice I thought I would post here hoping someone will be kind enough to explain.

I have been left a "share of a residue of Estate". I was told by the Solicitor that once the house was sold they would be in a position to do up accounts and distribute the estate.
I understand from research online that the house sale completed June 21, I have enquired with the solicitor where we were 3 weeks after the completion and they responded that they need to inform the revenue commissioners of their intention to pay me, so I assumed this was for my share of tax.
A month after my previous contact I emailed to ask if the tax had been paid, which they came back to me to say CGT on the estate may need to be paid first before distribution. So I can only assume that they have not contacted the tax office.
My query regarding this is the calculation of CGT determined by the solicitor or the tax office? Is this something that takes a while for the tax office to process?
How long is a reasonable time to wait for a solicitor to arrange payment on my behalf to the tax office?

I don't want to keep pestering the solicitor, but after looking at the reviews online and one describing them as "giving the client the long finger" I'm becoming anxious that this situation is being dragged out.

Just a brief outline, relative passed Oct 19, I believe delays due to Covid for probate, probate granted Dec 20, sale completed June 21.
Many thanks
 
I am a solicitor. Strictly, the solicitor is working for the Executor. Without having a hard and fast rule, if there are two or three beneficiaries, we are usually pretty happy to deal with everybody. Conversely, if there are 10+ beneficiaries, we generally try to restrict ourselves to dealing with the Executor. This also depends on the Executor; some are pleased to be relieved of the need to communicate. Some prefer to be the sole point of contact. To answer your question: The timeline for tax clearance which you have described is within normal.

You should not feel that you are pestering the solicitor. If he/she is feeling pestered, then they will say so, and you will be told to direct your questions to the Executor.
 
Thank you MOB for your response.
The executor has passed everything over to the solicitor.
I found the executor myself as the solicitor seemed to skirt around me asking to be put in touch with them, and we keep in regular contact. although they seem to have less contact with solicitor than myself. But as they are not benefitting from the will I don't blame them!
I am the only beneficiary of the residue that is in contact, other 2 cannot be found, other one now not willing to co-operate.
I originally touched base every 3 months, but since the completion of the house sale I have made contact every 4 weeks, and was not sure if this was a bit pushy . Someone who I know mentioned to me that potentially every time I make contact there is a charge, so I've tried to be mindful of this.
I just naively thought my share would be settled by now!
 
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