Solicitors can hold inheritance money for a minimum of six months after probate is granted due to statutory protection periods, though the actual timeframe varies significantly based on estate complexity, with straightforward cases taking 6-12 months and complex estates potentially extending to several years, particularly when property sales, HMRC investigations, or beneficiary disputes are involved.
Recent data reveals the substantial timeframes involved in inheritance distribution across the UK. Legal professionals report that straightforward estates take between 6-12 months to complete after probate is granted, while complex cases can extend far longer. The statutory six-month protection period allows potential claimants to come forward, with HMRC investigations typically taking 6-9 months to complete and final tax clearance requiring an additional 6-12 months in complex cases. Current HMRC processing delays mean final confirmation is taking between 6-12 months, significantly longer than historical averages, while inheritance tax charges of 7.5% annually apply if payments are delayed beyond six months of death.
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How Long Can a Solicitor Hold Inheritance Money?
Solicitors have legal obligations that require them to hold inheritance money for specific periods, even after probate has been granted. These requirements exist to protect both the estate and the solicitor from potential claims and liabilities that could emerge after distribution.
The primary reason for holding funds is the statutory six-month protection period under the Inheritance (Provision for Family and Dependents) Act 1975. During this time, anyone who believes they have a maintenance claim against the estate can come forward, potentially claiming substantial amounts that could exceed the estate’s value.
This table demonstrates how estate complexity directly affects fund holding periods. While all estates must observe the minimum six-month statutory period, additional complications can extend timelines significantly. Property sales represent one of the most common delays, particularly in challenging market conditions or when properties require substantial work before sale.
| Estate Type | Minimum Hold Period | Maximum Expected Duration | Primary Delay Factors |
|---|---|---|---|
| Simple Estate (cash only) | 6 months | 8-12 months | Creditor notice period, final tax clearance |
| Standard Estate (with property) | 6 months | 12-18 months | Property sales, market conditions |
| Complex Estate (multiple assets) | 6 months | 18-36 months | Business valuations, overseas assets |
| Disputed Estate | 6 months | 2+ years | Legal proceedings, court directions |
| HMRC Investigation | 6 months | 12-24 months | Tax compliance, penalty negotiations |
The holding periods reflect the solicitor’s duty to ensure all liabilities are settled before distribution, protecting beneficiaries from potential future claims while safeguarding the solicitor from professional negligence allegations.
What Is the Six-Month Rule for Inheritance?
The six-month rule refers to the statutory protection period following the grant of probate, during which solicitors must hold estate funds to allow potential claimants to come forward. This period protects both executors and beneficiaries from unknown claims that could significantly impact inheritance distribution.
Under the Inheritance (Provision for Family and Dependents) Act 1975, anyone who believes they should have received provision from the estate has six months from the grant of probate to make a claim. These claims can come from:
Family members not mentioned in the will
Former spouses or partners who were financially dependent
Children who believe they received inadequate provision
Anyone who can demonstrate they were financially maintained by the deceased
The six-month period cannot be waived or shortened, even if all beneficiaries agree. Solicitors who distribute funds before this period expires risk personal liability for any successful claims that emerge later.
Can Beneficiaries Force Early Release of Inheritance Money?
Beneficiaries cannot force solicitors to release inheritance money before the statutory six-month period expires, as this protection exists in law and cannot be overridden by beneficiary consent. However, solicitors may make interim payments if certain conditions are met.
Interim payments are possible when:
The estate has sufficient liquid assets to cover all known liabilities
A substantial reserve is maintained for potential claims
All taxes and expenses have been calculated and provided for
The solicitor is confident about the estate’s financial position
Most solicitors prefer to avoid interim payments due to the risks involved. If unknown debts or successful claims emerge after partial distribution, the solicitor could face personal liability for any shortfall.
Beneficiaries who believe their solicitor is unreasonably delaying distribution beyond legitimate requirements can seek legal advice or request detailed explanations for continued delays.
What Causes Delays in Inheritance Distribution?
Several factors can extend inheritance distribution timelines beyond the basic six-month statutory period, with property sales being among the most significant causes of delay in estate administration.
Common delay factors include:
Property sales taking 6-12 months or longer in difficult market conditions
HMRC investigations requiring extensive documentation and compliance checks
Department for Work and Pensions inquiries about benefit overpayments
Missing beneficiaries requiring professional tracing services
Complex asset valuations involving business interests or overseas holdings
Creditor notice periods requiring two months minimum response time
Legal disputes between beneficiaries or challenges to the will
Lost documentation requiring replacement through lengthy administrative processes
Property sales represent the most frequent cause of extended delays, particularly when inherited properties require significant maintenance or are located in challenging markets. When families need to sell inherited house properties, market conditions and property condition can significantly impact both timeline and value.
Property-Related Delays in Inheritance Distribution
Property assets often create the longest delays in estate administration, as they cannot be sold until probate is granted and may require extensive preparation before marketing. These delays can be particularly frustrating for beneficiaries who need access to their inheritance.
Property-related complications include:
Properties requiring substantial repairs or modernisation before sale
Market conditions affecting sale prices and timeline
Planning permission issues or building regulation compliance
Tenant eviction processes for buy-to-let properties
Boundary disputes or title issues discovered during sale preparation
Environmental concerns affecting property value or saleability
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Hallie from Eastbourne experienced these delays firsthand when her mother’s estate included a Victorian cottage requiring extensive repairs. “The solicitor said we couldn’t distribute any money until the house sold, but estate agents wanted Ā£25,000 spent on renovations first,” she explains. “We were trapped between spending money we didn’t have and waiting indefinitely for a sale that might never happen.”
Hallie eventually contacted Property Saviour, who purchased the property in its current condition within three weeks of probate being granted, allowing the inheritance distribution to proceed without further delay.
HMRC Investigations & Tax Clearance Delays
Her Majesty’s Revenue and Customs investigations can significantly extend inheritance distribution timelines, particularly for larger estates or those with complex tax implications. These investigations are becoming more common and thorough, reflecting HMRC’s focus on inheritance tax compliance.
Common HMRC delay triggers include:
Estates valued close to inheritance tax thresholds
Significant gifts made within seven years of death
Business assets requiring specialist valuations
Overseas assets or non-domiciled tax status
Complex trust arrangements or previous tax planning
Discrepancies in asset valuations or gift reporting
Current processing times for final tax clearance range from 6-12 months, representing a significant increase from historical averages. Solicitors cannot make final distributions until HMRC provides clearance, as doing so could result in personal liability for any additional tax due.
Professional Obligations and Solicitor Liability
Solicitors holding inheritance money act as trustees of the estate, creating strict professional obligations that influence their approach to fund distribution. These responsibilities explain why solicitors err on the side of caution when considering early distributions.
Key professional obligations include:
Ensuring all estate debts are paid before distribution
Maintaining adequate reserves for potential claims
Following statutory procedures for creditor notices
Obtaining proper tax clearances before final distribution
Acting in the best interests of all beneficiaries collectively
Maintaining detailed records of all estate transactions
Breach of these obligations can result in personal liability, professional negligence claims, and regulatory sanctions. This framework explains why solicitors prefer to hold funds longer than beneficiaries might wish, prioritising legal compliance over speed of distribution.
Professional Obligations and Solicitor Liability
Solicitors holding inheritance money act as trustees of the estate, creating strict professional obligations that influence their approach to fund distribution. These responsibilities explain why solicitors err on the side of caution when considering early distributions.
Key professional obligations include:
Ensuring all estate debts are paid before distribution
Maintaining adequate reserves for potential claims
Following statutory procedures for creditor notices
Obtaining proper tax clearances before final distribution
Acting in the best interests of all beneficiaries collectively
Maintaining detailed records of all estate transactions
Breach of these obligations can result in personal liability, professional negligence claims, and regulatory sanctions. This framework explains why solicitors prefer to hold funds longer than beneficiaries might wish, prioritising legal compliance over speed of distribution.
How Property Saviour Helps Resolve Inheritance Distribution Delays?
At Property Saviour, we understand how frustrating inheritance delays can be, particularly when property sales are holding up entire estate distributions. Our guaranteed purchase service provides the certainty and speed that allows solicitors to complete estate administration efficiently.
David from Nottingham faced mounting pressure from his siblings when his mother’s estate couldn’t be distributed due to a prolonged property sale. “The house had been on the market for eight months with no serious offers, while my brother needed money for medical treatment and my sister was struggling financially,” he recalls. “The solicitor couldn’t release any funds until the property sold, creating stress for everyone involved.” Property Saviour provided a guaranteed cash offer that completed within 10 days, allowing the estate distribution to proceed and giving David’s family the financial support they needed.
Whether you’re dealing with property that’s proving difficult to sell through traditional means, or you need certainty about completion timelines to satisfy solicitor requirements, we provide solutions that honour legal obligations while addressing practical family needs. Our service demonstrates proper estate administration while achieving swift resolution when traditional property sales create bottlenecks in inheritance distribution.
If inheritance delays are affecting your family due to property complications, or if you need guaranteed completion timelines for estate administration purposes, get in touch with Property Saviour. We’re here to help families access their inheritance efficiently while ensuring legal professionals can complete their duties with confidence and certainty.
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