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Sole trader death .Making Redundancy payments .

A friend has passed away who was a sole trader .Her business will have to be closed down as it dies with her.
I am the executor of her will .
She employed staff who will be rightfully due redundancy payments .These payments  will come from the estate but as it will go into 
probate it will take months .
It is being handled by solicitors but I was wondering if anyone has had to deal with this situation and how they coped .
Thanks 


Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    She's not a sole trader if she has staff... just saying.

    So who employed them, under what contract?
  • Andy_L
    Andy_L Posts: 13,036 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Except under very narrow circumstances (which the solicitors should have told you if they apply) you have to wait for probate before spending money from the estate

    Slight aside - would any of the employees or beneficiaries of the will want to take on the business as a going concern? 
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Comms69 said:
    She's not a sole trader if she has staff... just saying.

    So who employed them, under what contract?
    Why would you think them having staff stops them being a sole trader? Being an employer does not prohibit you from trading as an individual. Even those who don't trade at all but employ people in their home (cleaner, nanny, gardener etc) can be employers. 

    OP, is there something specifically you're struggling with? 
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Laurieo
    Laurieo Posts: 19 Forumite
    Part of the Furniture First Post Combo Breaker
    Thanks 
    Unholyangel .Yes your right about the trading part.
    Problem we have is, if the business shuts down now ,as it should ,then redundancy payments ect will be frozen until probate is awarded and assets sold ,Been told this could be months for probate and longer for assets to be sold. 
    Usual problems for sole trader as assets are not just business but home ect.
    I was just looking to see if anyone had been in the same position.
    Everything is being done by a legal team ,there is no desire to not pay any outstanding commitments .
    Thanks



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