the “legal side” of retirement in a box wills lasting powers of attorney - financial &...
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The “Legal Side” of
Retirement in a Box
Wills
Lasting Powers of Attorney - Financial & Property Affairs- Personal Welfare
Nursing Home fees
Tax planning – Inheritance Tax
The “Legal Side” of Retirement in a Box
Less than 30% of the population ever makes a Will
The intestacy rules apply if you do not leave a Will
Looking after your family, friends and charities
Don’t take risks on homemade Wills or unqualified Will writers
Problem Wills – complicated families, disputes, illness & incapacity
Your Will
Who will look after your finances if you have a stroke, an accident or suffer from dementia?
What safeguards are there?
What is the alternative?
Lasting Powers of Attorney (Financial & Property Affairs)
Why make one?
Who should you appoint?
Living Wills – what is the difference?
Lasting Powers of Attorney(Personal Welfare)
Using the nil-rate band (£325,000)
The transferable nil-rate band and how it works
The important exemptions • Annual• Weddings (children, grandchildren & other)• Normal expenditure out of income• Business & agricultural property reliefs
Lifetime planning, gifts & trusts
Inheritance Tax Planning
“One in six will live to be 100”
Source: Daily Mail, 30 December 2010
Currently 12,000 people over 100
By 2050 there will be 250,000
Half the babies born in 2009 will live to 100
Life expectancy is increasing by 5 hours per day!
In 2008, 9.5 million people were aged 75 or over by 2033 this will increase to 17.3million
We are all Living Longer!
What is a Pension?
State Pension
Employer Pension
• Defined contribution• Defined benefit/final salary
Individual Pension• Defined contribution
Legislation – Changes!
Take pension benefits from age 55 (previously 50)
Pension commencement lump sum
• 25% of the fund
Remaining 75% of the fund must be used to provide you with an income
Trivial commutation - £18,000
So How Much do I Need to Retire?
Aged 65
Income required x 25 = Fund Required
Remember the impact of inflation
How Are We Doing?
Average fund at retirement £30,000
Source: ABI 2009
What Type of Retirement Income can I Take?
Annuity• Inflexible• Guaranteed income for life• Amount can vary depending on individual
circumstances• Level or indexed linked• Add on benefits, e.g. guarantee period, spouses
pension
Unsecured pension• Flexible• Market risk – no guarantees• Reviewed every three years• Flexible drawdown - £20,000 minimum income
guarantee
Phased retirement/temporary annuity• Enables flexibility
What Type of Retirement Income can I Take?
How is my Pension Taxed?
At your highest marginal rate for tax
State pension is taxed, but tax is never deducted from your State Pension
What Happens to My Pension When I Die?
Annuity• Dies with you, unless you have built in a guarantee of
spouses pension
Unsecured Pension• Provide a dependents pension• Can pass to a beneficiary as a lump sum minus a
65% tax charge
What if I am not ready to retire?
Consider a temporary annuity
or
Unsecured pension
Delay taking pension benefits
Important Considerations When Planning for Retirement
When do you want to retire?
How long do you think you will live for?
What other savings / investments do you have to fund your retirement?
Do you need to plan for dependents?
Income Tax (IT)
Capital Gains Tax (CGT)
Inheritance Tax (IHT)
Taxation
Still have to pay income tax on your income• Earnings• Pensions
- State pension - Private pensions
• Interest• Dividends• Rental and other income
Income Tax
Still have personal allowances
• Age allowances (subject to income limits)– 65 to 74 = £9,940– 75 and over = £10,060
• Plan savings and investments to use both
spouse’s allowances
• Make good use of tax free savings such as ISA’s and Premium Bonds
Income Tax
Capital Gains Tax
Principal Private Residence
Business Assets
Second Homes• Holiday homes• Inherited parental homes
Annual Exemption (AE)• (2011/12 = £10,600 per person)
Inter spousal transfers to maximise AE
Appreciating assets v. Loans
Capital Gains Tax
Inheritance Tax
Nil Rate Band (NRB)• £325,000 per person• Make use of both spouses NRB
IHT is payable on death at 40% on taxable estate
Business Asset Property Relief
Charitable Legacies
Other Reliefs• Annual Exemption £3,000• Expenditure out of income• Small Gifts £250
Inheritance Tax
Taxation remains an important part of your life;• After retirement• Even after death
A little bit of planning now can save money and worry in the future.