Probate may not be needed if the person who died only had low value assets in their sole name, only held joint accounts with someone, or owned land or property as joint tenants. Jointly owned assets are usually inherited automatically by the survivor.

If the deceased has bank accounts with savings, probate may be necessary if the banks or financial institutions need to see a Grant before allowing access to the accounts. You will need to ask the bank or building society about their individual requirements as these vary.

If probate is not required, the assets can be distributed to the beneficiaries, unless it is found that the estate is insolvent, which means it does not have enough assets to pay off debts owed.

It is important to write a will if you would like to choose what happens to your assets after your death. If you do not write a will, you will have no control over your assets, which will be distributed according to the Intestacy Rules. A person who dies without a will is called “intestate”.

When you instruct a solicitor for probate, it can take time to collect the details of the estate and understand the assets, debts and income involved. After this, the probate application will need to be completed. Once probate is granted, the time it takes to collect and distribute all the assets will be dependent on the complexity and size of the estate. As many large government and financial institutions are involved, the solicitor may face delays due to their response times.

It is unlikely. You should contact the liquidator who will give you the available information.

The answer is yes. The working restrictions on a bankrupt are not to be a company director, not to take part in the formation or management of a company without a court order, not to take credit of more than £500.

The home is often the most valuable asset people own. Find out more about what happens to a bankrupts home here.

You are insolvent if you cannot pay your debts as they fall due and/or your liabilities are greater than your assets.

Some employers may have already placed employees temporarily onto reduced hours and pay due to the downturn in work as a result of the coronavirus. These employers will not be able to seek reimbursement in respect of wages costs for employees who are still working on reduced hours. The scheme only applies where employees are put on furlough leave. This point causes some difficulties for some employers. The scheme may financially disincentivise employers from keeping their business open. Keeping a business running with staff on reduced hours allows an employer to keep a revenue stream and retain customers. However, this is likely to be more expensive for the employer than putting all staff on furlough leave and have HMRC pay 80% of their wages.

The guidance suggests that employees who are on sick leave or self-isolating should receive statutory sick pay only but can be furloughed once they have recovered or are no longer self-isolating.

Yes, in cases of harassment and sexual harassment, claims can be made against the harasser directly.

When the portal is set up it is anticipated that the employer will need to submit the following:

The employers PAYE reference number
The number of employees being furloughed
The claim period (start and end date)
The amount claimed
The employer’s bank account number and sort code
A contact phone number

Employers can only submit one claim at least every 3 weeks which is the minimum length an employee can be furloughed for.

It would seem at first sight that employees who transferred under TUPE to a new employer after that date cannot be placed on furlough leave. However given that TUPE operates to preserve the rights of employees and their contracts on transfer to the new employer it could be argued that these employees should be treated as if they were on the new employe’rs payroll on 28th February. This point requires further clarification from the government and at the moment, it is difficult to say with certainty which is the correct answer.

There is nothing in the current guidance which suggests that the employer will only be able to access the reimbursement if it makes it a condition of furlough leave that the employee does not work elsewhere. Therefore, in theory an employee could work for another employer. It is however clear that the employee cannot do work for the employer seeking the reimbursement during furlough leave.

No. However withholding 20% of salary would amount to a breach of contract and unlawful deductions of wages unless the employee gives their consent. It is expected that the majority of employees will consent since furlough leave is a much better alternative than unpaid leave, lay off or redundancy.

Some employers will not be able to continue to pay 80% of salaries until the HMRC portal is up and running and reimbursement is received. They therefore have the option of:

Making the employees redundant although this will have its own associated costs
Putting the employees on unpaid leave until the scheme is up and running
Reaching an agreement with the affected employees that they will be furloughed now but that payment of their salaries will be deferred until reimbursement is received from HMRC

Yes , this involves consultation and a fair selection using a number of criteria.

Yes 2 years.

The employer must confirm the employee’s new status in writing. This is an eligibility requirement for accessing the subsidy and a record must be kept of this correspondence. Ideally, the employer should write to the employees and provide a short agreement which they both sign. We can provide a furlough agreement on request.

Serious misconduct eg theft , fighting , fraud, refusing to carry out an instruction.

Once you have decided to make staff reductions.

The scheme is open to all UK organisations who had created and shared a PAYE payroll scheme on 28th February and have a UK bank account. This means that public sector and local authorities employers are covered although the government expects the scheme will not be used by many public sector organisations as the majority of public sector employees are continuing to provide essential public services and because they are mainly funded by the government .

Yes, there are several ways a winding up petition can be stopped:

Paying the Debt: If the company settles the debt in full or reaches an agreement with the creditor before the court hearing, the petition can be withdrawn.
Challenging the Petition: If there are valid grounds to dispute the debt or if there were procedural errors in the petition's issuance, the company can challenge it in court.
Negotiating with Creditors: Sometimes, creditors might agree to a Company Voluntary Arrangement (CVA) or other repayment plans, leading to the petition's dismissal.

Once a winding up order has been granted by the court, reversing it becomes more challenging. It's crucial to act swiftly upon receiving a petition to explore these options.

For directors of limited companies, there's generally a distinction between personal and company assets. However, if directors have provided personal guarantees for company loans or if they're found guilty liable for misfeasance, wrongful or fraudulent trading, their personal assets might be at risk. It's essential to seek legal advice to understand potential liabilities and explore protective measures.

The duration of the winding up process can vary based on several factors, including the complexity of the case, the number of creditors involved, and any challenges or disputes that arise. Typically, once a winding up petition is presented, a court hearing is scheduled within 8-10 weeks. If the court grants the winding up order, the liquidation process can take several months to a few years, depending on the size and nature of the company's affairs.