Grants of representation - Methods of funding initial Inheritance Tax payment

Learning Outcomes

After reading this article, you will be able to identify and explain the main legal and practical methods for funding the initial payment of Inheritance Tax (IHT) required before a grant of representation is issued. You will understand the statutory framework, the practical steps available to personal representatives, and the implications of each funding method, enabling you to answer SQE1-style questions on this topic.

SQE1 Syllabus

For SQE1, you are required to understand the practical and legal issues around funding the initial payment of Inheritance Tax before a grant of representation is obtained. In your revision, focus on:

  • the statutory requirement to pay IHT before a grant is issued
  • the main methods available for funding the initial IHT payment (including the Direct Payment Scheme, loans, and instalment options)
  • the consequences and limitations of each method
  • the interaction between IHT payment and the grant of representation process

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Why is it necessary to pay Inheritance Tax before a grant of representation is issued?
  2. Name two methods by which personal representatives can fund the initial IHT payment if the estate is cash-poor.
  3. What is the Direct Payment Scheme and what are its main limitations?
  4. In what circumstances can IHT be paid by instalments, and what are the implications for the grant of representation?

Introduction

When a person dies leaving an estate liable to Inheritance Tax (IHT), the personal representatives (PRs) must pay the tax due before the grant of representation (probate or letters of administration) is issued. This can create a practical problem: PRs often need access to estate assets to pay the tax, but cannot access those assets until the grant is obtained. This article explains the main legal and practical methods available to fund the initial IHT payment, the statutory framework, and the implications for estate administration.

The Statutory Requirement: IHT Payment Before Grant

Under the Inheritance Tax Act 1984, IHT on the death estate is generally due six months after the end of the month in which the deceased died. However, HM Revenue & Customs (HMRC) will not issue the necessary receipt for the grant of representation until the tax due on non-instalment option property has been paid. This is a strict requirement: without evidence of payment, the Probate Registry will not issue the grant, and the PRs cannot collect or sell most estate assets.

Key Term: grant of representation The legal document (probate or letters of administration) confirming the authority of the personal representatives to administer the estate.

Practical Methods for Funding Initial IHT Payment

PRs must find a way to pay IHT before they have full access to the estate. The main methods are:

1. Direct Payment Scheme (DPS)

The Direct Payment Scheme is an arrangement between HMRC and most UK banks and building societies. Under the DPS, PRs can instruct the deceased’s bank or building society to pay IHT directly from the deceased’s account to HMRC before the grant is issued.

Key Term: Direct Payment Scheme A scheme allowing banks and building societies to transfer funds directly from the deceased’s account to HMRC to pay IHT before the grant is issued.

  • PRs complete form IHT423 for each institution and submit it with the IHT400 (or IHT421) to HMRC.
  • The bank/building society pays the requested amount directly to HMRC.
  • HMRC issues a receipt to the Probate Registry, enabling the grant to be issued.

Limitations:

  • Only funds held in UK banks/building societies participating in the scheme can be used.
  • If the estate is cash-poor or the deceased’s accounts are insufficient, other methods are needed.

2. Using Liquid Assets

If the estate contains sufficient cash in accessible accounts, PRs can use these funds to pay IHT directly. However, most institutions will not release funds to the PRs without a grant, except under the DPS.

3. Loans from Beneficiaries or Third Parties

If the estate lacks sufficient liquid assets, PRs may borrow funds to pay IHT:

  • Beneficiaries who have received assets outside the estate (e.g., joint accounts, life insurance written in trust) may lend money to the PRs.
  • Alternatively, PRs may obtain a loan from a bank or building society, usually secured against estate assets. The loan is repaid from the estate once the grant is issued and assets are realised.

Key Term: personal representatives Executors or administrators responsible for collecting in the estate, paying debts and liabilities, and distributing assets to beneficiaries.

4. Life Insurance Policies Written in Trust

If the deceased had a life insurance policy written in trust, the proceeds are paid directly to the trust or nominated beneficiaries and do not form part of the estate for IHT. These funds are available immediately and can be used to pay IHT.

5. Realising Assets Not Requiring a Grant

Some assets can be accessed without a grant, such as:

  • National Savings accounts (up to a specified limit)
  • Certain chattels (personal possessions)
  • Small balances in building societies (subject to their discretion)

These funds can be used towards the IHT payment, but are often insufficient for larger estates.

6. Payment by Instalments

In certain cases, IHT on specific assets (such as land, businesses, or shares in private companies) can be paid in up to ten annual instalments. Only the first instalment is due before the grant is issued; the remainder is paid annually, with interest, or in full if the asset is sold.

Key Term: instalment option The statutory right to pay IHT on certain assets (e.g., land, business interests) in up to ten annual instalments, with only the first instalment due before the grant is issued.

  • PRs must indicate on the IHT400 that they wish to pay by instalments.
  • The Probate Registry will issue the grant once the first instalment is paid and HMRC has issued the receipt.

Worked Example 1.1

The deceased’s estate includes a house worth £600,000 and cash of £50,000. The total IHT due is £100,000. The PRs wish to pay IHT by instalments on the house.

Question: How much IHT must be paid before the grant is issued? Answer: The PRs must pay IHT in full on the cash (£50,000), plus the first instalment (10%) on the house (£60,000 x 10% = £6,000). The remaining IHT on the house can be paid in nine further annual instalments, with interest.

7. Exceptional Cases: Grant on Credit

In rare cases, if PRs can show it is impossible to pay IHT in advance (e.g., all assets are illiquid and no loan is available), HMRC may allow the grant to be issued on credit. This is exceptional and requires strong evidence.

Consequences and Limitations

  • The Probate Registry will not issue the grant until HMRC confirms that IHT due on non-instalment property has been paid.
  • If PRs use loans, interest and fees reduce the estate available for beneficiaries.
  • If IHT is paid by instalments, interest accrues on unpaid amounts, and the full balance becomes due if the asset is sold.
  • If PRs distribute the estate before all IHT is paid, they may be personally liable for any unpaid tax.

Worked Example 1.2

The deceased’s estate consists of a house (£400,000), quoted shares (£200,000), and cash (£20,000). The IHT due is £60,000. The cash is insufficient to pay IHT. What options do the PRs have?

Answer: The PRs can use the Direct Payment Scheme to pay IHT from the cash account. For the balance, they may:

  • Arrange a loan from a beneficiary or bank, secured on the house or shares, to pay the remaining IHT.
  • Elect to pay IHT by instalments on the house, paying only the first instalment before the grant is issued.
  • Sell the quoted shares after obtaining the grant to repay any loan.

Exam Warning

In the SQE1 exam, pay close attention to which assets qualify for the instalment option and which do not. Only certain assets (land, businesses, controlling shareholdings, some unquoted shares) are eligible. IHT on cash, quoted shares, and most investments must be paid in full before the grant is issued.

Revision Tip

If the estate is cash-poor, always consider the Direct Payment Scheme first, then loans or instalment options. Remember that the Probate Registry will not issue the grant until HMRC confirms payment of IHT due.

Key Point Checklist

This article has covered the following key knowledge points:

  • IHT on the death estate must generally be paid before the grant of representation is issued.
  • The Direct Payment Scheme allows PRs to pay IHT directly from the deceased’s bank or building society accounts.
  • If the estate lacks sufficient liquid assets, PRs may use loans from beneficiaries or banks, or access funds from life insurance policies written in trust.
  • Some assets (land, businesses, certain shares) qualify for payment of IHT by instalments; only the first instalment is due before the grant.
  • In exceptional cases, HMRC may allow a grant on credit if no other funding is available.
  • PRs must ensure all IHT is paid to avoid personal liability and delays in estate administration.

Key Terms and Concepts

  • grant of representation
  • Direct Payment Scheme
  • personal representatives
  • instalment option
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