How long can a solicitor hold inheritance money?
How long can a solicitor hold inheritance money?
- Steve Gauke
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A solicitor can hold inheritance money for 6-12 months, but it can be longer if the estate is complicated or if there is no will.
Waiting for an inheritance to come through can feel endless, especially when you are grieving and trying to battle financial pressures at the same time. Many people expect the process to move quickly once probate has been granted, only to find themselves still navigating the process months later.
The truth is that it’s very normal for solicitors to hold inheritance money for 6 to 12 months, sometimes longer. This isn’t because anyone is dragging their feet; it’s because the estate has to go through a series of steps before any money can be safely released.
After all, solicitors can be liable if the estate is handled incorrectly, so it’s no surprise that they want to go through the steps carefully.
If you find yourself struggling whilst waiting for your inheritance to come through, there is another option. Provira’s Inheritance Advance allows you to access up to 50% of your inheritance within days.
To find out more about how Inheritance Advances with Provira work, click here.
If you want to find out why the process takes so long, we break it down for you here.
Why do solicitors hold inheritance money?
Solicitors hold inheritance money so that they can make sure all the legal steps are finalised and all money is accounted for when managing an estate. This process can take around a year to complete, which is why it’s regularly called the executor’s year.
During this time solicitors will hold the money whilst the executor follows the following steps.
1. Completing the legal registrations
Before anything can be distributed, solicitors need to:
- Apply for and get the Grant of Probate
- Send this to banks, investment companies and mortgage lenders
- Collect all funds and value all assets, including property
Even in relatively simple estates, each of these steps can take quite a bit of time.
2. Pay debts and HMRC
Next, solicitors need to make sure that all debts and taxes are paid. If there are debts outstanding on an estate, these need to be settled first.
Inheritance Tax also needs to be paid on the value of assets above the tax free allowance. Importantly, this is paid by the estate, not by the beneficiaries, meaning it needs to be cleared before any inheritance is paid out.
Once paid, HMRC has to issue tax clearance proving that all taxes have been paid, which can take 3-6 months after probate.
3. Waiting out the 6-month claim period
Once probate is granted, the 6 month claim period begins. What this means is that anyone who believes they were financially dependent on the deceased has six months to make a claim under the Inheritance Act.
If they do so, they may be entitled to some of the inheritance, which will affect how much is paid to the other beneficiaries.
Solicitors usually wait for this period to pass before releasing funds as it helps prevent any future legal disputes.
4. Managing more complicated elements of the estate
Some estates take longer to settle because they include more complicated elements like:
- Property that needs selling
- Shares or business interests
- Overseas assets
- Missing beneficiaries
- Family disputes
These situations are normal, but they do slow things down.
So, how long can a solicitor hold inheritance money?
For most estates: 6 – 12 months.
For more complicated estates: 12 – 18 months or longer.
Solicitors do work as fast as they can, but sometimes they are held up by processing, long forms and set waiting times.
What if you need your inheritance sooner?
Waiting months to get your inheritance can feel very frustrating, especially if you need some financial help covering bills, managing rent or mortgage payments or paying for education or childcare.
The truth is that in a lot of cases, solicitors can’t really work much faster, even if they want to.
Luckily, another option exists.
Using an Inheritance Advance while probate continues
An Inheritance Advance is a type of loan designed to help beneficiaries access a portion of their inheritance early, often within days. With Provira’s Inheritance Advance, you can access up to 50% of your inheritance within a week with:
- No need to wait for probate to finish
- No credit checks
- No compound interest payments, only simple interest
- No monthly repayments
- No need to put down any collateral
Repayment is made directly from the estate when the solicitor eventually releases funds, so you don’t even need to worry about delays paying it back.
We work with hundreds of families across the UK, helping to provide a bit of breathing room at a time when life already feels overwhelming.
Waiting for your inheritance
Waiting for inheritance can be tough both emotionally and financially.
The good news is that delays are normal, so waiting 6-12 months is no cause for concern. However if you’re under financial pressure, it can still feel like a long time.
Understanding the reasons behind the delays can take some of the pressure off, and if you need your inheritance sooner, another option exists.
At Provira, we are here to help families relieve financial pressure at a difficult time. Our Inheritance Advance can give you access to up to 50% of your future inheritance, while the solicitors continue finalising the estate in the background.