guide to inheritance tax planning autumn 09
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Inheritance
Tax Planning
A Guide to
Preserving and Passing your wealth
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Protecting wealth
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A Guide toInheritance TaxPlanning
Helping you protect your wealth is an important part o what we do, and one thing is
certain, you need to plan to protect your wealth rom a potential Inheritance Tax liability.
Benjamin Franklin once said that nothing is certain but death and taxes, and thanks to
Inheritance Tax, theyre not only certain, theyre intrinsically linked. Once only the domain
o the very wealthy, the wide-scale increase in home ownership and rising property values
over the past decade have pushed many estates over the Inheritance Tax threshold.
Inheritance Tax applies to your entire worldwide estate, including your property, savings,
car, urniture and personal eects. You should also consider all o your investments,pensions and lie insurance policies and ensure that lie polices are held in an appropriate
trust so they do not add to the value o your estate.
Inheritance Tax as we know it today was introduced in 1986. The current rate o Inheritance
Tax or everyone is charged at 40 per cent, and is paid by those who inherit. It is deducted
rom your estate on death, so Inheritance Tax is relevant whether you stand to gain an
inheritance or plan to leave one.
I you would like to discuss the options available to you or protecting your legacy, please
contact us or urther inormation. We can help you with the many aspects o Inheritance
Tax Planning, rom advice on wills and trusts to other tax-ecient ways to ensure your
wealth is best structured or your beneciaries.
Welcome to our guide to Inheritance Tax, dedicated to
helping you mitigate the potential eects o Inheritance
Tax on your estate, whether you are considering the use
o amily trusts or alternative solutions. Your wealth might
encompass businesses, property and investments in the UK
and abroad that require specialist considerations.
03A Guid to Inhritanc Tax - 2009/2010
Welcome
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To obtain urther inormation,please contact us.
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Contents...06 17
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Dispelling the mythabout Inheritance TaxProtecting wealth rom a potential liability.
Transrring walth btwnyour spous or civil partnr
New rules could mean up to double theInheritance Tax allowance is available.
Inhritanc Tax mattrsLeaving your assets.
Lgal documntsApplying or probate.
Making a willWill your estate be shared out
exactly as you want it to be?
Valuing an statAccurately refecting what those assets
would receive in the open market.
Financial rasons tomak a willPutting it o could mean that
your spouse receives less.
Altrnativ InvstmntMarkt sharsReducing an Inheritance Tax liability
on an estate.
Minimising anInhritanc Tax liabilityPassing assets to beneciaries
using a trust.
Important xmptions
Legally passing on your estatewithout it being subject to
Inheritance Tax.
A git with rsrvationMaking sure the git is not a git or
Inheritance Tax purposes.
Arranging to payInhritanc TaxWho will handle your aairs?
Protcting
your walthMaking the most o dierent
solutions.
Inhritanc Tax glossaryCommon estate planning terms.
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Dispellingthe myth about
Inheritance Tax
A Guid to Inhritanc Tax - 2009/201006
Inheritance Tax Guide What it means
Inheritance Tax is the tax that is paid on your estate, chargeable at a current
rate o 40 per cent. Broadly speaking, this is a tax on everything you own at the
time o your death, less what you owe. Its also sometimes payable on assets you
may have given away during your lietime. Assets include property, possessions,
money and investments. One thing is certain, careul planning is required toprotect your wealth rom a potential Inheritance Tax liability.
Protecting wealth rom a potential liability
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Inheritance Tax Guide What it means
Not everyone pays Inheritance
Tax on their death. It only
applies i the taxable value o
your estate (including your share
o any jointly owned assets and
assets held in some types o
trusts) when you die is above
325,000 (2009/10 tax year).
It is only payable on the excess
above this nil rate band.
There are also a number o
exemptions which allow you to
pass on amounts (during your
lietime or in your will) without
any Inheritance Tax being due,
or example:
n i your estate passes to
your husband, wie or civil
partner and you are both
domiciled in the UK there is
no Inheritance Tax to pay,
even i the estate is above
the 325,000 nil rate band
n most gits made more than
seven years beore your death
are exempt
n certain other gits, such
as wedding gits and
gits in anticipation o a
civil partnership up to
5,000 (depending on the
relationship between thegiver and the recipient),
gits to charity and 3,000
given away each year are
also exempt
Transers o assets into most
trusts and companies will
become subject to an immediate
Inheritance Tax charge i they
exceed the Inheritance Tax nil
rate band (taking into account
the previous seven yearschargeable gits and transers).
In addition, transers o money
or property into most trusts are
also subject to an immediate
Inheritance Tax charge on values
that exceed the Inheritance Tax
nil rate band. Tax is also payable
ten-yearly on the value o trust
assets above the nil rate band;
however certain trusts are
exempt rom these rules.
In order to work out whether
the current Inheritance Tax nilrate band o 325,000 (tax year
2009/10) has been exceeded
on a transer, you need to take
into account all chargeable
(non-exempt, including
potentially exempt) gits and
transers made in the previous
seven years. I a transer takes
you over the nil rate band,
Inheritance Tax is payable at
20 per cent on the excess.
Where the transer was made
ater 5 April and beore
1 October in any year, the tax
is payable on 30 April in the
ollowing year. Where the
transer was made ater
30 September and beore
6 April in any year, it is payable
six months ater the end o the
month in which the transer
was made.
On 22 March 2006, the
government changed some o
the rules regarding trusts and
introduced some transitional
rules or trusts set up beore
this date. Trusts not aected by
the new rules (and so where no
Inheritance Tax is immediately
payable on any transers, but
with regard to transers made
during someones lietime may
be payable i the individual dies
within seven years) are:
n lietime transers into a trust
or a disabled person
n trusts created on death or a
disabled person
n trusts created on death or a
minor child o the deceased in
which the child will become ully
entitled to the assets at age 18
n trusts set up under a will
or someone who is not a
disabled person or minor
child o the deceased who
becomes entitled to their
benet on the death o the
person who wrote the will
Existing accumulation and
maintenance trusts had until 6 April
2008 to change (where appropriate)
the trusts rules to enable them toall outside the new rules.
Interest in possession (IIP)
trusts that existed beore
22 March 2006, or which
replaced a pre-March 2006 IIP
up to 5 October 2008, continue
to benet rom the old rules until
they come to an end. All other
newly created IIP trusts will
come under the new rules.
I you die within seven years o
making a transer into a trust
on which you have already paid20 per cent Inheritance Tax, the
tax due is recalculated using the
Inheritance Tax rate applicable
on death (currently 40 per
cent). Tax will be payable by
your estate to HM Revenue &
Customs on the dierence.
I you made a transer on which
no Inheritance Tax was due at
the time, its value is added to
your estate when working out
any Inheritance Tax that might
be due.
Trusts that count as relevant
property trusts must also pay:
n a periodic tax charge o up
to 6 per cent on the value
o trust assets over the
Inheritance Tax nil rate band
once every ten years
n an exit charge proportionateto the periodic charge
when unds valued above
the Inheritance Tax nil
rate band are taken out o
a trust between ten year
anniversaries
These rules dont apply to
trusts which are exempt rom
the new rules.
NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.
Inheritance Tax is the tax that is paidon your estate, chargeable at acurrent rate o 40 per cent. Broadlyspeaking this is a tax on everything
you own at the time o your death,less what you owe.
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Transerringwealth betweenyour spouse orcivil partnerNew rules could mean up to double theInheritance Tax allowance is available
New rules mean that the survivor o a
marriage or civil partnership can beneit
rom up to double the Inheritance Tax
allowance (650,000 or 2009/10 taxyear, increasing to 700,000 by 2010/11),
in addition to the entitlement to the ull
spouse relie.
Inheritance Tax is only paid i the taxable
value o your estate when you die is over
325,000 (2009/10 tax year). The irst
325,000 o a persons estate is known as
the Inheritance Tax nil rate band because
the rate o Inheritance Tax charged on this
amount is currently set at zero per cent, so
it is ree o tax.
Where assets are transerred between
spouses or civil partners, they are exempt
rom Inheritance Tax. This can mean that
i, on the death o the irst spouse or civil
partner, they leave all their assets to the
survivor, the beneit o the nil rate band
to pass on assets to other members o the
amily, normally the children, tax ree is
not used.
Where one party to a marriage or civil
partnership dies and does not use their
nil rate band to make tax-ree bequests to
other members o the amily, the unused
amount can be transerred and used by the
survivors estate on their death. This only
applies where the survivor died on or ater
9 October 2007.
In eect, spouses and civil partners now
have a nil rate band that is worth up todouble the amount o the nil rate band that
applies on the survivors death.
Transerring assets
NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.
Where one party to amarriage or civil partnershipdies and does not use theirnil rate band to make tax-reebequests to other members othe amily, the unused amountcan be transerred and usedby the survivors estate ontheir death.
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InheritanceTax mattersLeaving your assets
However, i you are domiciled (have
your permanent home) in the UKwhen you die but your spouse or
civil partner isnt, you can only
leave them 55,000 tax-ree.
Other benefciariesYou can leave up to 325,000 tax-
ree to anyone in your will, not just
your spouse or civil partner (tax year
2009/10). So you could, or example,
give some o your estate to someone
else or a amily trust. Inheritance Tax
is then payable at 40 per cent on any
amount you leave above this.
UK CharitiesInheritance Tax isnt payable on
any money or assets you leave to
a registered UK charity these
transers are exempt.
Wills, trusts and fnancialplanningAs well as making a will, you can
use a amily trust to pass on your
assets in the way you want to. Youcan provide in your will or speciic
assets to pass into a trust or or
a trust to start once the estate is
inalised. You can also use a trust
to look ater assets you want to
pass on to beneiciaries who cant
immediately manage their own
aairs (either because o their age
or a disability).
You can use dierent types o amily
trust depending on what you want
to do and the circumstances. I you
are planning to set up a trust you
should receive specialist advice. I you
expect the trust to be liable to tax on
income or gains you need to inormHM Revenue & Customs Trusts as soon
as the trust is set up. For most types
o trust, there will be an immediate
Inheritance Tax charge i the transer
takes you above the Inheritance
Tax threshold. There will also be
Inheritance Tax charges when assets
leave the trust.
NeeD MORe
INFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.
I you leave everything to your husband, wie or civilpartner, in this instance there usually wont be anyInheritance Tax to pay because a husband, wie or civilpartner counts as an exempt beneciary. But bear inmind that their estate will be worth more when theydie, so more Inheritance Tax may have to be paid then.
Exempt benefciary
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Getting legal
Lgal documntsApplying or probate
I you are an executor o someones will, you may need a legal document called a
grant o probate to enable you to sort out the deceased persons aairs. I thereis no will, a close relative can apply or a grant o letters o administration. In
Scotland dierent procedures apply or a death.
I there is more than one executor
its common to agree that one will
apply or the grant and sort out the
will. However, up to our executors
can apply jointly and sort out
everything together.
You can ask a solicitor to applyor the grant or you. There
may be a charge to provide this
service, so its a good idea to
check irst.
I you apply or probate without
a solicitor, the orms you need to
complete depend on where the
person lived and whether or not
you expect Inheritance Tax to be
due on the estate. Inheritance Tax
is only paid in a small number o
cases, when the taxable value othe deceased persons estate (ater
exemptions) is over the 325,000
threshold (applies or deaths in the
2009/10 tax year).
NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.
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Will your estate be shared out exactly as you want it to be?
Planning your nances in advance should
help you to ensure that when you die
everything you own goes where you want it
to. Making a will is the rst step in ensuring
that your estate is shared out exactly as you
want it to be.
I you dont make a will, there are rules orsharing out your estate called the Law o
Intestacy, which could mean your money
going to amily members who may not need
it, or your unmarried partner or a partner
with whom you are not in a civil partnership
receiving nothing at all.
I you leave everything to your spouse or
civil partner therell be no Inheritance Tax to
pay because they are classed as an exempt
beneciary. Or you may decide to use your
tax-ree allowance to give some o your
estate to someone else or to a amily trust.
A will sets out who is to benet rom your
property and possessions (your estate) ater
your death. There are many good
reasons to make a will:
n you can decide how your assets are
shared i you dont have a will, the law
says who gets what
n i youre an unmarried couple (whether or
not its a same-sex relationship), you can
make sure your partner is provided or
n i youre divorced, you can decide whether
to leave anything to your ormer partnern you can make sure you dont pay more
Inheritance Tax than necessary
Beore you write your will, its a good idea to
think about what you want included in it. You
should consider:
n how much money and what property and
possessions you have
n who you want to benet rom your will
n who should look ater any children under
18 years o age
n who is going to sort out your estate and
carry out your wishes ater your death in
other words, your executor
An executor is the person responsible or
passing on your estate. You can appoint an
executor by naming them in your will. The
courts can also appoint other people to be
responsible or doing this job.
Once youve made your will, it is important to
keep it in a sae place and tell your executor,close riend or relative where it is.
It is advisable to review your will every ve
years and ater any major change in your
lie, such as getting separated, married or
divorced, having a child or moving house.
Any change must be by codicil (an addition,
amendment or supplement to a will) or by
making a new will.
Scottish law on inheritance diers rom
English law.
Making a will
NeeD MORe
INFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.
11A Guid to Inhritanc Tax - 2009/2010
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Protecting wealth
12
Valuing an estateAccurately refecting what those assets would receive in the open market
Valuing the deceased persons estate is one o
the rst things you need to do as the personal
representative. You wont normally be able to take
over management o their estate (called applying
or probate or sometimes applying or a grant o
representation/ conrmation) until all or some o
any Inheritance Tax that is due has been paid.
But bear in mind that Inheritance Tax is only payable
on values above 325,000 or the 2009/10 tax year.
The valuation process
This initially involves taking the value o all the assets
owned by the deceased person, together with the
value o:
n their share o any assets that they own jointly with
someone else or example, a house that they own
with their partner
n any assets that are held in a trust, rom which they
had the right to benetn any assets which they had given away, but in which
they kept an interest or instance, i they gave a
house to their children but still lived in it rent-ree
n certain assets that they gave away within the last
seven years
Next, rom the total value above, deduct everything that
the deceased person owed, or example:
n any outstanding mortgages or other loans
n unpaid bills
n uneral expenses
(I the debts exceed the value o the assets owned by the
person who has died, the dierence cannot be set against
the value o trust property included in the estate.)
The value o all the assets, less the deductible debts,
gives you the estate value. The threshold above which
the value o estates is taxed at 40 per cent is 325,000
or the 2009/10 tax year.
I you dont know the exact amount or value o any
item, such as an Income Tax reund or household
bill, you can use an estimated gure. But rather
than guessing at a value, try to work out an estimate
based on the inormation available to you. Youll nd
instructions about how to show estimates on the
orm you complete.
The orms on which youll need to record the valuation
will dier, depending on the expected valuation amount.
You complete a orm IHT205 or estates where you dont
expect to have to pay Inheritance Tax (called excepted
estates) and a orm IHT400 where you do expect to have
to pay. The orms vary or excepted estates in Scotland.
You should be able to value some o the estate assets
quite easily, or example, money in bank accountsor stocks and shares. In other instances, you may
need the help o a proessional valuer (or chartered
surveyor or valuing a property). I you do decide to
employ a valuer, make sure you ask them to give you
the open market value o the asset. This represents
the realistic selling price o an asset, not an insurance
value or replacement value.
I the aairs o the estate are complicated, you may want
to work with a solicitor to help you value the estate and
pay any tax due. I youre not using a solicitor you can ask
HM Revenue & Customs to use orm IHT400 to work outany Inheritance Tax due.
Once youve completed the relevant tax orms, you also
need to complete the relevant probate orm.
When valuing adeceased personsestate, you needto include assets(property, possessionsand money) theyowned at their deathand certain assetsthey gave away duringthe seven yearsbeore they died.The valuation mustaccurately refect whatthose assets wouldreasonably receive inthe open market at thedate o death.
NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.
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Protecting wealth
Paying Inheritance Tax - orms you need to complete
Country in which the Required orms i Inheritance Tax Required orms i you expect
deceased person lived is unlikely to be due (excepted estates) Inheritance Tax to be due
England or Wales Probate application orm PA1 Probate application orm PA1
Inheritance Tax orm IHT205 Inheritance Tax orm IHT400
Form IHT421 Probate summary
Scotland Form C1 (Inventory) and orm C5 i they Form C1 (Inventory)
died on or ater 6 April 2004; otherwise Inheritance Tax orm IHT400
orm C1 only
Northern Ireland Inheritance Tax Form IHT205 only Inheritance Tax orm IHT400
Form IHT421 Probate summary
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Intestacy
Thr ar lots o good fnancial rasons or
making a will:
n you can decide how your assets are
shared out - i you dont make a will, the
law says who gets what
n i you arent married or in a civil
partnership (whether or not its a same
sex relationship) your partner will not
inherit automatically, so you can make
sure your partner is provided or
n i youre divorced or i your civil
partnership has been dissolved you can
decide whether to leave anything to an
ex-partner who is living with someone
else
n you can make sure you dont pay more
Inheritance Tax than necessary
I you and your spouse or civil partner
own your home as joint tenants, then
the surviving spouse or civil partner
automatically inherits all o the property.
I you are tenants in common you each own a
proportion (normally hal) o the property and
can pass that hal on as you want.
A solicitor will be able to help you should you
want to change the way you own your property.
Planning to give your homeaway to your children whileyoure still aliveYou also need to bear in mind, i you are
planning to give your home away to your
children while youre still alive, that:
n gits to your children, unlike gits to your
spouse or civil partner, arent exempt
rom Inheritance Tax unless you live or
seven years ater making them
Financial reasonsto make a willPutting it o could mean that your spouse receives less
Its easy to put o making a will. But i you die without one, your assets may bedistributed according to the law rather than your wishes. This could mean that your
spouse receives less, or that the money goes to amily members who may not need it.
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n i you keep living in your home
without paying a ull market
rent (which your children pay
tax on) its not an outright git
but a git with reservation,
so its still treated as part o
your estate, and so liable or
Inheritance Taxn ollowing a change o rules
on 6 April 2005, you may
be liable to pay an Income
Tax charge on the benet
you get rom having ree or
low cost use o property you
ormerly owned (or provided
the unds to purchase)
n once you have given your
home away, your children
own it and it becomes part
o their assets. So i they are
bankrupted or divorced, your
home may have to be sold to
pay creditors or to und part
o a divorce settlement
n i your children sell your
home, and it is not their main
home, they will have to pay
Capital Gains Tax on any
increase in its value
I you dont have a will there are
rules or deciding who inherits
your assets, depending on yourpersonal circumstances. The
ollowing rules are or deaths on
or ater 1 July 2009 in England
and Wales; the law diers i you
die intestate (without a will) in
Scotland or Northern Ireland.
The rates that applied beore
that date are shown in brackets.
I youre married orin a civil partnership
and there are no childrenThe husband, wie or civil partnerwont automatically get everything,
although they will receive:
n personal items, such as
household articles and
cars, but nothing used or
business purposes
n 400,000 (200,000) ree
o tax or the whole estate
i it was less than 400,000
(200,000)n hal o the rest o the estate
The other hal o the rest o the
estate will be shared by the
ollowing:
n surviving parents
n i there are no surviving
parents, any brothers and
sisters (who shared the same
two parents as the deceased)
will get a share (or their
children i they died while the
deceased was still alive)
n i the deceased has none o
the above, the husband, wie
or registered civil partner will
get everything
I youre married or ina civil partnership andthere were childrenYour husband, wie or civil partner
wont automatically get everything,
although they will receive:
n personal items, such as
household articles and cars,
but nothing used or business
purposes
n 250,000 (125,000) ree o
tax, or the whole o the estate
i it was less than 250,000
(125,000)
n a lie interest in hal o the rest
o the estate (on his or her death
this will pass to the children)
The rest o the estate will be
shared by the children.
I you are partners butarent married or in acivil partnershipI you arent married or registered
civil partners, you wont
automatically get a share o your
partners estate i they die without
making a will.
I they havent provided or you
in some other way, your only
option is to make a claim under
the Inheritance (Provision or
Family and Dependants) Act
1975.
I there is no survivingspouse/civil partnerThe estate is distributed as
ollows:
n to surviving children in equal
shares (or to their children i
they died while the deceased
was still alive)
n i there are no children, to
parents (equally, i both alive)
n i there are no surviving
parents, to brothers and
sisters (who shared the same
two parents as the deceased),
or to their children i they
died while the deceased wasstill alive
n i there are no brothers or
sisters then to hal brothers
or sisters (or to their children
i they died while the
deceased was still alive)
n i none o the above then to
grandparents (equally i more
than one)
n i there are no grandparents
to aunts and uncles (or their
children i they died while thedeceased was still alive)
n i none o the above, then to
hal uncles or aunts (or their
children i they died while the
deceased was still alive)
n to the Crown i there are none
o the above
Itll take longer to sort out
your aairs i you dont have
a will. This could mean extradistress or your relatives and
dependants until they can draw
money rom your estate.
I you eel that you have not
received reasonable nancial
provision rom the estate, you
may be able to make a claim
under the Inheritance (Provision
or Family and Dependants)
Act 1975, applicable in England
and Wales. To make a claim you
must have a particular type o
relationship with the deceased,
such as child, spouse, civil
partner, dependant or cohabitee.
Bear in mind that i you were
living with the deceased as a
partner but werent married
or in a civil partnership, youll
need to show that youve been
maintained either wholly or
partly by the deceased. This
can be dicult to prove i youveboth contributed to your lie
together. You need to make a
claim within six months o the
date o the Grant o Letters o
Administration.
NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.
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Tax-efciency
AltrnativInvstmntMarkt sharsReducing an Inheritance Tax liability on an estate
Investing in Alternative
Investment Market (AIM) shares
is one way o reducing an
Inheritance Tax liability on an
estate. Qualiying AIM shares
oer more Inheritance Tax relie
than some other assets and
qualiy as business property
investments. I property is
held as AIM shares in certain
trading companies, or a period
o at least two years, it becomes
eligible or Inheritance Tax
Business Property Relie at
100 per cent and will all out o
the estate or Inheritance Tax
purposes. This relie is a relie by
value the shares are treated as
having no value or Inheritance
Tax purposes.
Not all AIM companies are eligible
or Business Property Relie
however. To qualiy, a company
must be a trading company
carrying out the majority o its
business in the UK. Businesses
trading in land or securities, or
receiving a substantial amount
o income rom letting property
or land, are excluded. Also, it
must not be listed on another
recognised stock exchange. I a
company qualied or Inheritance
Tax relie when the shares were
bought, but was subsequently
disqualied under these criteria,
investors must reinvest their
holdings into new qualiying
shares within six months to retain
the Business Property Relie
exemption.
Investing in the AIM will suit
nancially secure people
with other liquid capital who
can invest widely enough to
bear the risks involved. AIM
shares can be unpredictable
and invest in smaller, less
established companies with
ewer investors than other
stock markets, so share prices
can be volatile, rising or alling
rapidly. You should always
receive proessional advice
beore considering this option to
mitigate a potential Inheritance
Tax liability.
Invsting in th AIM will suit
fnancially scur popl with othrliquid capital who can invst widlynough to bar th risks involvd.
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UK trusts
Minimising anInhritanc Tax liabilityPassing assets to beneciaries using a trust
You may decide to use a trust to pass assets to beneciaries, particularly those who
arent immediately able to look ater their own aairs. I you do use a trust to give
something away, this removes it rom your estate provided you dont use it or get any
benet rom it. But bear in mind that gits into trust may be liable to Inheritance Tax.
Trusts oer a means o holding
and managing money or
property or people who may
not be ready or able to manage
it or themselves. Used in
conjunction with a will, they
can also help ensure that
your assets are passed on in
accordance with your wishes
ater you die. Here we take a
look at the main types o UK
amily trust.
When writing a will, there
are several kinds o trust
that can be used to help
minimise an Inheritance Taxliability. On 22 March 2006 the
government changed some o
the rules regarding trusts and
introduced some transitional
rules or trusts set up beore
this date.
A trust might b cratd in
various circumstancs, or
xampl:
n when someone is too youngto handle their aairs
n when someone cant handle
their aairs because theyre
incapacitated
n to pass on money or property
while youre still alive
n under the terms o a will
n when someone dies without
leaving a will (England and
Wales only)
What is a trust?A trust is an obligation binding
a person called a trustee
to deal with property in a
particular way or the beneit o
one or more beneiciaries.
SettlorThe settlor creates the trust
and puts property into it at thestart, oten adding more later.
The settlor says in the trust
deed how the trusts property
and income should be used.
TrusteeTrustees are the legal owners
o the trust property and must
deal with it in the way set out
in the trust deed. They also
administer the trust. There can
be one or more trustees.
BenefciaryThis is anyone who beneits
rom the property held in the
trust. The trust deed may name
the beneiciaries individually
or deine a class o beneiciary,
such as the settlors amily.
Trust propertyThis is th proprty (or capital)
that is put into th trust by
th sttlor. It can b anything,
including:
n land or buildings
n investments
n money
n antiques or other
valuable property
The main types oprivate UK trust
Bare trustIn a bare trust the property is
held in the trustees name but
the beneciary can take actual
possession o both the income
and trust property whenever
they want. The beneciaries are
named and cannot be changed.
You can git assets to a child
via a bare trust while you are
alive, which will be treated as
a Potentially Exempt Transer
(PET) until the child reaches
age 18, (the age o majority in
England and Wales), when the
child can legally demand his or
her share o the trust und rom
the trustees.
All income arising within a
bare trust in excess o 100
per annum will be treated
as belonging to the parents
(assuming that the git was
made by the parents). But
providing the settlor survives
seven years rom the date o
placing the assets in the trust,
the assets can pass InheritanceTax ree to a child at age 18.
Lie interest or interestin possession trustIn an interest in possession
trust the beneiciary has a legal
right to all the trusts income
(ater tax and expenses), but
not to the property o the trust.
These trusts are typically used to
leave income arising rom a trustto a second surviving spouse
or the rest o their lie. On their
death, the trust property reverts
to other beneciaries, (known
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UK trusts
as the remaindermen), who are
oten the children rom the rst
marriage.
You can, or example, set up an
interest in possession trust in
your will. You might then leave the
income rom the trust property to
your spouse or lie and the trust
property itsel to your children
when your spouse dies.
With a lie interest trust, thetrustees oten have a power
o appointment, which means
they can appoint capital to the
beneiciaries (who can be rom
within a widely deined class,
such as the settlors extended
amily) when they see it.
Where an interest in
possession trust was in
existence beore 22 March
2006, the underlying capital
is treated as belonging to the
beneiciary or beneiciaries or
Inheritance Tax purposes, or
example, it has to be included
as part o their estate.
Transrs into intrst in
possssion trusts atr 22 March
2006 ar taxabl as ollows:
n 20 per cent tax payable based
on the amount gited into the
trust at the outset, which isin excess o the prevailing nil
rate band
n Ten years ater the trust
was created, and on each
subsequent ten-year
anniversary, a periodic
charge, currently 6 per cent,
is applied to the portion o
the trust assets that is in
excess o the prevailing nil
rate band.
n The value o the availablenil rate band on each ten-
year anniversary may be
reduced, or instance, by the
initial amount o any new
gits put into the trust within
seven years o its creation.
There is also an exit charge
on any distribution o trust
assets between each ten-year
anniversary.
Discretionary trustThe trustees o a discretionary
trust decide how much income
or capital, i any, to pay to
each o the beneiciaries butnone has an automatic right
to either. The trust can have
a widely deined class o
beneiciaries, typically the
settlors extended amily.
Discretionary trusts are a
useul way to pass on property
while the settlor is still alive
and allows the settlor to keep
some control over it through
the terms o the trust deed.
Discretionary trusts are
oten used to git assets to
grandchildren, as the lexible
nature o these trusts allows
the settlor to wait and see how
they turn out beore making
outright gits.
Discretionary trusts also allow
or changes in circumstances,
such as divorce, re-marriage
and the arrival o childrenand stepchildren ater the
establishment o the trust.
When any discretionary trust
is wound up, an exit charge
is payable o up to 6 per cent
o the value o the remaining
assets in the trust, subject to
the relies or business and
agricultural property.
Accumulation andmaintenance trustAn accumulation and
maintenance trust is used to
provide money to look ater
children during the age o
minority. Any income that isnt
spent is added to the trust
property, all o which later
passes to the children.
In England and Wales the
beneciaries become entitled
to the trust property when they
reach the age o 18. At that point
the trust turns into an interest in
possession trust. The position is
dierent in Scotland, as, once abeneciary reaches the age o 16,
they could require the trustees to
hand over the trust property.
Accumulation and maintenance
trusts that were already
established beore 22 March
2006, and where the child is
not entitled to access the trust
property until an age up to 25,
could be liable to an Inheritance
Tax charge o up to 4.2 per cent
o the value o the trust assets.
It has not been possible to
create accumulation and
maintenance trusts trust since
22 March 2006 or Inheritance
Tax purposes. Instead, they
are taxed or Inheritance Tax as
discretionary trusts.
Mixed trustA mixed trust may come about
when one beneiciary o anaccumulation and maintenance
trust reaches 18 and others are
still minors. Part o the trust
then becomes an interest in
possession trust.
Trusts orvulnerable personsThese are special trusts,
oten discretionary trusts,
arranged or a beneiciary
who is mentally or physicallydisabled. They do not suer
rom the Inheritance Tax
rules applicable to standard
discretionary trusts and can
be used without aecting
entitlement to state beneits;
however, strict rules apply.
Tax on incomerom UK trustsTrusts are taxed as entities
in their own right. The
beneiciaries pay tax separately
on income they receive rom
the trust at their usual tax
rates, ater allowances.
Taxation o propertysettled on trustsHow a particular type o trust
is charged to tax will depend
upon the nature o that trust
and how it alls within the
taxing legislation. For example,
a charge to Inheritance Tax may
arise when putting property
into some trusts, and on
other chargeable occasions
or instance, when urther
property is added to the trust,
on distributions o capital rom
the trust or on the ten-yearly
anniversary o the trust.
NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.
Trusts are verycomplicated, and
you may have to payInheritance Tax and/or Capital Gains Taxwhen putting propertyinto the trust. Iyou want to createa trust you shouldseek proessionaladvice.
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Exemptions
Important
xmptionsLegally passing your estate without it being subject to Inheritance TaxThere are some
important
exemptions
that allow you
to legally passyour estate
on to others,
both beore
and ater your
death, without it
being subject to
Inheritance Tax.
Exempt benefciariesYou can giv things away to
crtain popl and organisations
without having to pay any
Inhritanc Tax. Ths gits,
which ar xmpt whthr you
mak thm during your litim
or in your will, includ gits to:
n your husband, wi or civil
partnr, vn i your
lgally sparatd (but not i
youv divorcd or th civil
partnrship has dissolvd),
as long as you both hav a
prmannt hom in th UK
n UK charitis
n som national institutions,
including national musums,univrsitis and th
National Trust
n UK political partis
But, bar in mind that gits to
your unmarrid partnr or a
partnr with whom youv not
ormd a civil partnrship arnt
xmpt.
Exempt gits
Som gits ar xmpt romInhritanc Tax bcaus o th
typ o git or th rason or
making it. Ths includ:
n Wdding gits/civil
partnrship crmony gits
Wdding or civil partnrship
crmony gits (to ithr o
th coupl) ar xmpt rom
Inhritanc Tax up to crtain
amounts:
n parnts can ach giv 5,000
n grandparnts and othr
rlativs can ach giv 2,500
n anyon ls can giv 1,000
You hav to mak th git on or
shortly bor th dat o th
wdding or civil partnrship
crmony. I it is calld o and
you still mak th git, thisxmption wont apply.
Small gitsYou can mak small gits, up to
th valu o 250, to as many
popl as you lik in any on tax
yar (6 April to th ollowing
5 April) without thm bing
liabl or Inhritanc Tax.
But you cant giv a largr sum
500, or xampl and claimxmption or th irst 250.
And you cant us this xmption
with any othr xmption whn
giving to th sam prson. In
othr words, you cant combin
a small gits xmption with
a wdding/civil partnrship
crmony git xmption and
giv on o your childrn 5,250
whn thy gt marrid or orm a
civil partnrship.
Annual exemptionYou can giv away 3,000 in
ach tax yar without paying
Inhritanc Tax. You can carr y
orward all or any part o th
3,000 xmption you dont us
to th nxt yar but no urthr.
This mans you could giv away
up to 6,000 in any on yar
i you hadnt usd any o yourxmption rom th yar bor.
You cant us your annual
xmption and your small gits
xmption togthr to giv
somon 3,250. But you can
us your annual xmption
with any othr xmption,
such as th wdding/civil
partnrship crmony git
xmption. So, i on o your
childrn marris or orms a civilpartnrship you can giv thm
5,000 undr th wdding/
civil partnrship git xmption
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Exemptions
and 3,000 undr th annual
xmption, a total o 8,000.
Gits that are parto your normalexpenditureAny gits you mak out o
your atr-tax incom (but not
your capital) ar xmpt rom
Inhritanc Tax i thyr part
o your rgular xpnditur.
This includs:
n monthly or othr rgular
paymnts to somon,
including gits or
Christmas, birthdays or
wdding/civil partnrship
annivrsaris
n rgular prmiums on a li
insuranc policy (or you or
somon ls)
Its a good ida to kp a
rcord o your atr-tax incom
and your normal xpnditur,
including gits you mak
rgularly. This will show that
th gits ar rgular and that
you hav nough incom to
covr thm and your usual
day-to-day xpnditur
without having to draw on
your capital.
Maintenance gitsYou can also mak Inhritanc
Tax-r maintnanc
paymnts to:
n your husband or wi
n your x-spous or ormr
civil partnr
n rlativs who ar
dpndnt on you bcaus
o old ag or inirmity
n your childrn (including
adoptd childrn and stp-
childrn) who ar undr
18 or in ull-tim ducation
Potentially exempttransersI you, as an individual, mak
a git and it isnt covrd by
an xmption, it is known as a
potntially xmpt transr (PeT).
A PeT is only r o Inhritanc
Tax i you liv or svn yars
atr you mak th git.
Gits that count as a PeT ar
gits that you, as an individual,
mak to:
n anothr individual
n a trust or somon who is
disabld
n a bravd minors trustwhr, as th bniciary
o an Intrst In Possssion
(IIP) trust (with an
immdiat ntitlmnt
ollowing th dath o th
prson who st up th
trust), you dcid to giv
up th right to rciv
anything rom that trust or
that right coms to an nd
or any othr rason during
your litim
Only outright gitscount as PETsI you mak a git with strings
attachd (tchnically known
as a git with rsrvation o
bnit), it will still count as
part o your stat, no mattr
how long you liv atr making
it. For xampl, i you giv
your hous to your childrn
and carry on living thr
without paying thm a ull
commrcial rnt, th valu o
your hous will still b liabl
or Inhritanc Tax.
In som circumstancs a git
with strings attachd might giv
ris to an Incom Tax charg on
th donor basd on th valu
o th bnft thy rtain. In
this cas th donor can choos
whthr to pay th Incom Tax
or hav th git tratd as a git
with rsrvation.
NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.
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Giting
A git with rsrvationMaking sure the git is not a git or Inheritance Tax purposesA git with reservation is a git that is not ully given away. Wheregits with reservation were made on or ater 18 March 1986, you caninclude the assets as part o your estate but there is no seven yearlimit as there is or outright gits. A git may begin as a git withreservation but some time later the reservation may cease.
In order or a git to be eective or
exemption rom Inheritance Tax,
the person receiving the git must
get the ull benet o the git to
the total exclusion o the donor.
Otherwise, the git is not a git or
Inheritance Tax purposes.
For example, i you give your
house to your child but continue
to live there rent ree, that would
be a git with reservation. I, atertwo years, you start to pay a
market rent or living in the house,
the reservation ceases when you
rst pay the rent. The git then
becomes an outright git at that
point and the seven year period
runs rom the date the reservation
ceased. Or a git may start as an
outright git and then become a
git with reservation.
Alternatively, i you give your house
to your child and continue to live
there but pay ull market rent, there
is no reservation. I over time youstop paying rent or the rent does
not increase, so it is no longer
market rent, a reservation will occur
at the time the rent stops or ceases
to be market rent.
The value o a git or Inheritance
Tax is the amount o the loss to
your estate. I you make a cash
git, the loss is the same value as
the git. But this is not the case
with all gits.
NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.
The value o a git
or Inheritance Tax
is the amount o
the loss to your
estate. I you makea cash git, the loss
is the same value
as the git. But this
is not the case with
all gits.
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Protecting wealth
The personal representative (the person
nominated to handle the aairs o the
deceased person) arranges to pay any
Inheritance Tax that is due. You usuallynominate the personal representative in
your will (you can nominate more than
one), in which case they are known as
the executor. I you die without leaving
a will a court can nominate the personal
representative, in which case they are
known as the administrator.
I you have been nominated as someonespersonal representative you have to value
all o the assets that the deceased person
owned. This valuation must accurately refect
what the assets would reasonably etch in
the open market at the date o death.
In most cases, Inheritance Tax must be
paid within six months rom the end o
the month in which the death occurs,
otherwise interest is charged on theamount owing. Tax on some assets,
including land and buildings, can be
deerred and paid in instalments over ten
years.
Arranging to payInhritanc Tax
Forms you need to complete
Who will handle your aairs?
If the estate is unlikely to be subject to Inheritance Tax (an excepted estate)
Country in which the Required orms or excepted estatesdeceased person lived
England Form IHT205 and orm PA1 -application or probate
Scotland Form C1 (Inventory) and orm C5 ithey died on or ater 6 April 2004; ithey died beore this date orm C1 only
Northern Ireland Form IH205 only
If the estate is likely to be subject to Inheritance Tax
In this case you complete orm IHT400 plus any relevant supplementary orms (these
are indicated on the IHT400).
You also complete:
n orm IHT421 Probate summary i the deceased person lived in England, Wales or
Northern Ireland
n probate application orm PA1 i the deceased lived in England or Wales
n orm C1 Inventory i the deceased lived in Scotland
(In Northern Ireland you only complete a probate application form at interview.)
NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.
In most cases, InheritanceTax must be paid within six
months rom the end o the
month in which the deathoccurs, otherwise interest ischarged on the amount owing.
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Solutions
Protctingyour walthMaking the most o dierent solutions
Decreasing term assuranceDecreasing term assurance can
be arranged to cover a potential
Inheritance Tax liability and
used as a Git Inter Vivos policy.
This is a type o decreasing term
plan that actually reduces at
the same rate as the chargeable
Inheritance Tax on an estate as
a result o a Potentially Exempt
Transer (PET).
For example, i you git part oyour estate away beore death,
then that part is classed as a PET,
meaning that or a period o seven
years there could be tax due on
the transer. This amount o tax
reduces by a set amount each year
or seven years.
The Git Inter Vivos plan is
designed to ollow that reduction
to ensure suicient money is
available to meet the bill i theperson who gited the estate
dies beore the end o the seven-
year period.
Such policies should be written in
an appropriate trust, so that the
proceeds all outside your estate.
Business andagricultural propertyBusiness and agricultural property
are exempt rom Inheritance Tax.
Business Property relie: To
qualiy, the property must be
relevant business property and
must have been owned by thetranseror or the period o two
years immediately preceding
death. Where death occurred ater
10 March 1992, relie is given by
reducing the value o the asset
by 100 per cent. Prior to 10 March
1992, the relie was 50 per cent.
Agricultural Property relie:
Agricultural property is dened
as agricultural land or pasture
and includes woodland and anybuildings used in connection with
the intensive rearing o livestock
or sh i the woodland or building
is occupied with agricultural land
or pasture and the occupation is
ancillary to that o the agricultural
land or pasture; and also includes
such cottages, arm buildings and
armhouses, together with the
land occupied with them as are
o a character appropriate to the
property. Where death occurred
ater 10 March 1992, relie is
given by reducing the value o the
property by 100 per cent (certain
conditions apply). Prior to thatdate the relie was 50 per cent.
Woodlands relieThere is a specic relie or transers
o woodland on death. However, this
has become less important since the
introduction o 100 per cent relie or
businesses that qualiy as relevant
business property.
Where an estate includes woodlands
orming part o a business, businessrelie may be available i the ordinary
conditions or that relie are satised.
When a woodland in the United
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Solutions
Kingdom is transerred on death, the
person who would be liable or the tax
can elect to have the value o the timber
that is, the trees and underwood (but
not the underlying land) excluded
rom the deceaseds estate.
I the timber is later disposed o, its
value at the time will be subject to
Inheritance Tax. Relie is available i:
n an election is made within two years
o the death, though the Board o HM
Revenue & Customs have discretion
to accept late elections, and
n the deceased was the benecial
owner o the woodlands or at least
ve years immediately beore deathor became benecially entitled to it
by git or inheritance.
The Pre-Owned Assets TaxPre-Owned Assets Tax (POAT), which
came into eect on 6 April 2005,
clamped down on arrangements
whereby parents gited property to
children or other amily members
while continuing to live in the property
without paying a ull market rent.
POAT is charged at up to 40 per cent on
the benet to an individual continuing
to live in a property that they have
gited but are not paying a ull rent, and
where the arrangement is not caught by
the Git with Reservation rules.
So anyone who has eected such a
scheme since March 1986 could all within
the POAT net and be liable to an income tax
charge o up to 40 per cent o the annualmarket rental value o the property.
Alternatively, you can elect by
31 January ollowing the end o the tax
year in which the benet rst arises that
the property remains in your estate.
Rental valuations o the property must
be carried out every ve years by an
independent valuer.
Inhritanc Tax acts
Inheritance tax nilrate band and rates
n 1 in 40 people in the UK inherit an average o
17,500 each year. The total ater tax is 31bn.
n The average estate leaves 90,000 net o taxand the average amount received by each
individual is 17,500. This suggests that, on
average, people share out their bequests
among ve people. Some 10 per cent o
beneciaries receive 50,000 or more. A
urther 30 per cent receive 10,000 or more,
enough to make a down-payment on a home or
pay o a sizeable amount o a mortgage.
n The amount raised rom Inheritance Tax during
the 2006/07 tax year was 3.6bn.
n An estimate or the 2007/08 tax year or the
level o revenue raised rom Inheritance Tax is
expected to be 4.1bn.
n The individual threshold rom the current
325,000 (2009/10 tax year) is set to increase
by 7 per cent to 350,000 in 2010/11.
n It is possible to pass the unused proportion o
a nil-rate band to your spouse or civil partner
or use in the uture.
Sources: HM Revenue & Customs
& International Longevity Centre UK 2008
Inheritance Tax is charged at the ollowingrate on death:
Inheritance Tax 2009/10 tax year
Taxable value o your 325,000
estate above which it
is charged
Rate at which it is 40 per cent
charged
There is a specifc relie
or transers o woodland
on death. However, this
has become less important
since the introduction
o 100 per cent relie or
businesses that qualiy as
relevant business property.
NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY.
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Glossary
Inhritanc Tax glossaryCommon estate planning terms
Administration
Dealing with the aairs andestate o a person who has died,
including collecting their assets,
paying their debts and paying
the residue to the people who
are to benet.
AfdavitA document giving evidence
which is sworn in ront o a
solicitor or other person who can
administer oaths.
Agricultural PropertyRelie (APR)Relie rom Inheritance Tax
or the agricultural value o
some arms and armhouses
(the value i the land and
buildings could only be used
or agricultural purposes
and not the open market
value). Various conditions
apply, including a minimum
ownership period.
BenefciaryA person or organisation who
will receive assets rom the
estate o the deceased.
Bequests and Legacies
Bequests and legacies arenames or gits let in a will.
BusinessProperty RelieRelie rom Inheritance Tax or
businesses; a minimum ownership
period applies and the business or
interest in the business must ull
the conditions.
Capital Gains TaxThis is tax which may be payable
on a disposal (or example whenyou sell an asset) i you make
a chargeable gain. Usually you
have made a gain i the asset
is worth more at disposal than
it was when you acquired it.
A disposal is not only a sale
or moneys worth. You will
only pay Capital Gains Tax on
capital monies (monies that you
received) that do not orm part
o your income. The tax applies
not to the value o the asset butto the increase in value.
CaveatA notice entered at the Probate
Registry or example, i you
have entered a caveat you willbe warned beore any Grant o
Representation is issued.
ChattelsAssets o a person other than
land or example, jewellery,
ornaments, clothes, cars,
animals, urniture and so on.
CharityA charity is an organisation that
has as its aim purposes which
are exclusively charitable (asrecognised by law), such as the
relie o poverty or promoting
education. Charities can be
structured in a variety o ways or
example, as a company with a
board o directors or as a trust und
with a board o trustees. Charities
must be or the public benet.
Most charities must register
with the Charities Commission.
Charities are strictly regulated.
CodicilAn addition to a will which may
change, modiy, delete, extend
or add to a will.
Deed o Variation
A document that can vary thedivision o a persons estate
ater they have died, either by
changing their will retrospectively
or altering the persons entitled
on an intestacy (where there is no
will or the beneciaries no longer
exist). This must be done within
two years o the persons death.
Discretionary TrustsA trust where the trustees can
choose which beneciaries (i
any) should receive income and/or capital.
DomicileYour domicile will aect
whether you pay Inheritance
Tax on particular assets and can
aect how much Inheritance
Tax you pay. Domicile is not the
same as residence.
Estate
All the property and assets othe person who has died.
ExecutorThis is the personal
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Glossary
representative (see below) who
has been appointed by the will
or codicil.
GuardianA guardian will have parental
responsibility or any child
(under 18) o whom they are
named guardian. Parental
responsibility means legalauthority to act in relation to
a child on such matters as
medical care, where they are
to live, their education and
what surname they should be
known by. Guardians may be
appointed by a parent who
has parental responsibility, an
existing guardian or the Court.
I you name a guardian in your
will, the appointment may not
take eect i your child has a
surviving parent with parental
responsibility.
Inheritance TaxA tax on the value o a persons
estate on their death and also on
the value o certain gits made
by an individual during their
lietime. You may be subject
to Inheritance Tax on all your
assets everywhere in the world
i you are domiciled in England
& Wales. Inheritance Tax alsoapplies to most types o trusts
and may be charged when
assets are added to or leave
the trusts and on the ten-yearly
anniversaries o the trusts
creation.
Intestate/IntestacyThe rules that govern where a
persons estate is to pass and
who can deal with the estate in
the absence o a will.
Joint TenancyA way o co-owning land and
other property. On the death
o one o the co-owners, the
other takes their share by
survivorship. For example,
i you and your spouse own
your home as joint tenants it
will automatically pass to the
surviving spouse when one o
you dies. Your share o your
house will not be part o your
estate as it passes automatically.
Letters oAdministrationA grant o representation where
there is no valid will, or there is a
will but no executor appointed.
Lie TenantThis is a person who is entitled
to benet rom a trust during
their lietime. They cannot have
the capital in the trust und; they
are entitled only to the income
or enjoyment o the property. For
example, i the trust und was a
house, the beneciary would be
entitled to live there.
Personal RepresentativeThe person who is dealing with
the administration o the estate
o the person who has died.
Potentially Exempt
Transer (PET)This is an outright git by an
individual to another individual
or certain types o trusts. I
the giver (donor) survives
the git by seven years it will
become completely exempt
rom Inheritance Tax, and will
be outside the donors estate
or the purposes o calculating
Inheritance Tax.
Power o AttorneyThis is a ormal document givinglegal authority rom one person
(the donor) to another (the
attorney) so that the Attorney may
act on behal o their principal.
Power o Attorney may be an
ordinary General Power or it may
be a Lasting Power o Attorney.
Lasting Power oAttorneyA Lasting Power o Attorney
can relate to your property and
aairs or your personal welare,i.e. decisions about your medical
treatment. In order to make a
Lasting Power o Attorney you
must have mental capacity to do
so, which must be certied by a
certicate provider. An ordinary
General Power o Attorney will
come to an end i you lose your
mental capacity but a Lasting
Power o Attorney will not.
Probate (Grant o)The Proving o a will by sendingit to the Probate Registry.
ResidueThe remainder o the estate o
the person who has died ater all
their debts have been paid and
any specic gits they made under
their will have also been paid.
Revocation (o will)This is the process by which
someone cancels or takesback a will (or codicil) made
previously when they no
longer intend that will to take
eect. The Testator (person
who made a will or codicil)
must have mental capacity to
revoke the will (or codicil). The
eect o revocation is that any
earlier will is resurrected and
will take eect as i the later
cancelled will does not exist. I
there is no previous will thenthe person revoking their will
becomes intestate. Most new
wills contain an explicit clause
stating that they revoke any
previous wills. There are ormal
requirements or revocation o a
will as there are or making a will.
Statutory LegacyI a person dies intestate
with a spouse or civil partner,
the statutory legacy is the
amount o the deceaseds
estate that their spouse orcivil partner will receive. A
common misconception is that
the spouse or civil partner will
automatically receive all o the
estate o the person who has
died intestate, but this is not
necessarily the case i there
are surviving children and it is
thereore desirable to make a
will to ensure that your spouse
or civil partner inherits all that
you intend them to take.
Testator/TestatrixThe person making a will (male
or emale).
A TrustA legal relationship in which one
or more persons hold property
or the benet o others (the
beneciaries). A trustee is the
person who is acting in the trust
and holds the property or the
benet o someone else.
A WillThe ormal document known as
a testamentary disposition by
which somebody conrms their
wishes as to the division o their
estate on death.
NeeD MOReINFORMATION?PLEASE CONTACT USWITH YOUR ENQUIRY
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Content o the articles eatured in this Inheritance Tax Guide is or your general inormation and use only and is not intended to address your particularrequirements. They should not be relied upon in their entirety and shall not be deemed to be, or constitute, advice. Although endeavours have beenmade to provide accurate and timely inormation, there can be no guarantee that such inormation is accurate as o the date it is received or that it willcontinue to be accurate in the uture. No individual or company should act upon such inormation without receiving appropriate proessional advice
ater a thorough examination o their particular situation. We cannot accept responsibility or any loss as a result o acts or omissions taken in respecto any articles. Thresholds, percentage rates and tax legislation may change in subsequent Finance Acts.