UK Probate and Estate Administration After Death: Step-by-Step Guide & Timeline

 UK Probate and Estate Administration After Death: Step-by-Step Guide & Timeline

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Step-by-Step Guide (English)

1. Register the Death

   • Must be done within 5 days (8 in Scotland).

   • Use the Tell Us Once service to notify government departments.

   • Inform banks and utilities — accounts are frozen until probate.

2. Locate the Will & Identify the Personal Representative

   • If a Will exists → Executors named handle the estate.

   • If no Will → Next of kin (often the offspring) applies to be Administrator.

3. Value the Estate

   • Collect details of all assets and debts.

   • Get valuations for items over £500.

4. Report to HMRC & Pay Inheritance Tax (IHT)

   • Use Form IHT400.

   • Pay IHT by end of the 6th month after death.

   • Some taxes must be paid before applying for probate (via Form IHT423).

5. Apply for Probate (Grant of Representation)

   • Apply online or by post.

   • Probate fee: £300 for estates over £5,000.

6. Administer the Estate

   • Once you have the grant, sell or transfer assets, pay debts, close accounts.

   • Post a statutory notice in The Gazette to guard against unknown claims.

7. Final Distribution

   • Prepare final estate accounts and distribute inheritance to beneficiaries.

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Timeline (Estimated Duration)

Stage	Estimated Time
Initial Administration & Valuation	4–8 weeks
HMRC Processing (IHT)	4–6 weeks
Waiting for Probate Grant	4–16 weeks
Collecting Assets & Paying Debts	2–6 months
Final Distribution to Heirs	1–3 months after probate granted
Total Duration	6–12 months (up to 24 for complex cases)

Phoenixing Fraud: How UK Taxpayers Lose Billions

 

Phoenixing Fraud: How UK Taxpayers Lose Billions

The UK's tax authority, HMRC (His Majesty's Revenue and Customs), has recently revealed a staggering loss of £836 million due to a specific type of tax evasion known as "phoenixing." This figure is a massive 45% higher than previous estimates, showing just how widespread and damaging this issue is. Phoenixing is a sneaky tactic where companies repeatedly shut down and then quickly restart under a new name, often to avoid paying taxes they owe, particularly VAT (Value Added Tax) and other business debts. It's especially common among smaller businesses.

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How Phoenixing Works 

Imagine a company that owes a lot of money in taxes, perhaps from sales or employee contributions. Instead of paying these debts, the owners decide to close down the company, liquidating it (meaning, selling off its assets). But before all the debts are settled, or sometimes even before the liquidation is complete, the same people who ran the old company start a brand new company, often with a very similar name or operating from the same location, and doing the same kind of business. It's like a mythical phoenix bird that burns itself to ashes only to rise again, but in this case, it's about dodging tax bills.

Here's a step-by-step breakdown:

1. Old Company Accrues Debt: A business operates, generates income, and incurs tax liabilities (e.g., VAT, corporation tax, PAYE).

2. Strategic Liquidation/Dissolution: Instead of paying these debts, the directors decide to put the company into liquidation or simply dissolve it. This usually happens when the tax bill becomes too large to manage.

3. Assets Transferred (Often Illegally): Crucial assets or the "goodwill" (customer base, brand reputation) of the old company might be secretly transferred to a new, secretly created company, often at a low or no cost.

4. New Company Rises: The same individuals (or close associates) quickly set up a new company. This new company then takes over the old company's business activities, customers, and even employees, but it has none of the old company's debts.

5. Unpaid Debts are Written Off: The old company, having no assets left or being officially liquidated, leaves its tax debts unpaid, and HMRC (and other creditors) lose out.

6. Cycle Repeats: This process can be repeated multiple times, allowing the same individuals to operate businesses while systematically avoiding tax payments.

The Impact and Government Response

The latest figures for the 2022-23 tax year show that these losses from phoenixing made up more than a fifthof the total £3.8 billion in tax losses, significantly more than the previously estimated 15%. This highlights a serious drain on public funds that could otherwise be used for essential services.

The UK government has acknowledged this problem and has promised to crack down on phoenixing. Their strategy includes:

• Increased Upfront Payment Requirements: Making businesses pay more tax earlier to reduce the amount they can accrue and then evade.

• Expanded Enforcement Sanctions: Tougher penalties for those caught engaging in phoenixing activities.

• Greater Director Accountability: Holding company directors more personally responsible for company tax debts, making it harder for them to walk away from liabilities by simply closing one company and starting another.

These measures aim to make phoenixing less attractive and more risky for those attempting to exploit the system.