7 Year Rule and Inheritance Tax

writeawill 7 Year Rule and Inheritance Tax

Potentially Exempt Gifts and Exempt Gifts

Inheritance Tax is a burden that more and more of us are having to shoulder. Why? Well the individual Inheritance Tax nil rate band is set at a mediocre £325,000 and nearly 15 million homes in isolation are valued higher than this figure, and the excess is subject to 40% tax bill.

So how do you set about trying to minimise the impact on your loved ones. Well the good news is spouses are exempt from an inheritance charge. So this message is really directed at unmarried couples or indeed beneficiaries further down the line such as children.

7 Year Rule is classified as ‘a potentially exempt gift’ and is perhaps the most common way of reducing IHT.  The gift can be of any value and it is accepted that if the gift was 7 years ago the duration was sufficient enough to show it as in fact a genuine ‘gift’ and not a last minute attempt to defraud the Government, and will therefore should be free of inheritance tax. Should the donor die during the seven year period then there will be an Inheritance Tax charge which is on a sliding decreasing scale and is illustrated by the table below:

Gift and Death Charge Applied Effective IHT Charge
Year 1 100% 40%
Year 2 100% 40%
Year 3 100% 40%
Year 4 80% 32%
Year 5 60% 24%
Year 6 40% 16%
Year 7 20% 8%
Year 8 onwards 0% 0%

7 year gifts obviously require a degree of planning and should be considered is soon as the gift is no longer required by the donor.

Houses that are owned singly by the donor or on a ‘tenancy-in-common’ basis can be gifted on the same basis. If they donor continues to live there though it is unlikely to qualify as a potentially exempt gift as there is still a genuine interest in the property.

If the person is uncertain whether they will survive for 7 years it is often prudent to write a special 7 year decreasing term assurance. This is called a ‘gift inter vivos’ life policy and the amount of cover is reduces in line with the Inheritance Tax reduction over the 7 years, thus leaving the gift ‘free of taxes’ as intended. Furthermore, the gift inter vivos should be written in trust so that the proceeds are paid out instantly, if it is not it will be subject to the Probate process which could take months.

Other Inheritance Tax exemptions include gifts to charity, wedding or civil partnership gifts (subject to monetary limits), small gifts of £250 to as many individuals as you like.

There is also an annual limit of £3,000 which can be made up of one or more gifts. You can also use any unused annual exempt from the previous year.

There is also Inheritance Tax relief available to deceased owned a business, farm, woodland or National Heritage property.

Niche Will Writers & Estate Planners London | London Will Writers & Estate Planners
www.nichewills.co.uk

internetwills 7 Year Rule and Inheritance Tax

Coming of age for Gay Wills

writeawill Coming of age for Gay Wills

Labour will be remembered for the introduction of the Civil Rights Act 2004 which saw equality granted to all including Gay couples.

Gay couples have always made Wills for asset disbursements to the ones they love. However, what the Civil Rights Act did was to put Gay couples on an equal footing so when the recent Inheritance Tax law was introduced there was a financial reason to celebrate Gay marriage apart from the emotional one. So what changed? Well the IHT tax exempt level now transfers to the Gay spouse on death. Effectively doubling the benefit and keeping those valuable pink pounds away from the taxman.

Making a Will can also be the mechanism for recognising a previous life-style, perhaps an ex-wife, who you never fell out with but was not longer right for you. Wills are confidential documents and absolute discretion will be observed. This means that your new partner does not have to be informed any arrangements of your ex if that is what you want.

The Gay appreciation of art and style is often revered above that of heterosexuals. A Will allows for artefacts to be passed to a particular recipient unlike the crude laws of intestacy which do not recognise individuals beyond a set pattern.

Writing a Will should not be attempted without professional legal help from a Will Writer as a poorly written Will may be challenged in Court or indeed fail altogether. To ensure creditability check your firm is a Member of The Society of Will Writers.

Long term care update

Long term care in this country is means tested and the government has literally drained equity out of the family home to pay for the nursing care accommodation. Really a savage end to what has in many people’s lives been their life ambition to own their own home, and pass it onto their children.

There were of course elaborate methods using Trusts and Will direction to take the family home out of their estate and away from the clasps of the State, but this was little known to those who had not acquired the services of skilled will writers.

Thankfully her Majesty’s speech in November significant progress appears to have been made albeit the full details are yet to be confirmed but the early indications are good with the Government boasting that 400,000 people will benefit.

The emphasis of the Queen’s speech was on allowing people to retain their dignity, confidence and independence for longer.

For starters it appears that for the very first time that free personal care will be given in their own homes for those with the highest needs. This will hopefully help many stay out of nursing home facilities that soak up personal wealth.

Home adaptations and use of technology has been recognised as paramount to the scheme.

One of the details to emerge thus far is the guarantee free personal care for the 280,000 people – including those with serious dementia or Parkinson’s disease – with the highest needs. We at Niche Wills will continue to track the facts from our London base so that you can make rationale decisions about your estate planning.

I bet you don’t have a Will!

Calling all You 30 to 40 Year Old –

Most people will have the impression that drafting a will is reserved for the elderly, however the reality is the impact of not Writing a Will can be felt at an earlier stage in life when the legal system fails to recognise the importance of a person to you, such as someone who cohabits with you.

The media is awash with the down turn in the economy and no doubt the Credit Crunch has impacted on you in some form or another. Adjustments may have been made on our spending habits such as taking much longer to assess the bargains in the shops or trawling the net for the best credit card deals.

In truth many of us are looking at the fractions such as 0.1% AER in savings for the here and now but without a Will wrapped around these extra benefits you could be unwittingly accumulating money to pass onto the Tax Man in the event of your death.

Take it from me it never occurred to me how vital Wills were in tax planning until I saw the lack of provision destroy a family close to me.

We have all seen the cheesy adverts with the old couple being happy and reassured but things have moved on. We are now aware of every single piece of glib news with instant updates filtering to us via dedicated TV channels, social networking sites, texts and the web. Inevitably these centre on the ‘Stars’ that may for instance have fallen off the rails, died young or contracted a terminal disease. Even putting aside fatal accidents and illnesses we cannot escape the plight that we will all die someday. Sorry to be so blunt but everyone thinks it’s never going to be them let alone someone in their family.

As you are reading this you are probably thinking ‘true’, but I do not think I’m alone in not having a Will, and sadly you’d be right with a staggering 67% of people who are eligible not having the provision in place, however on this occasion it is wise to be in the minority.

Now we got that out of the way, please let me advise you about a trend which is taking the nation by storm. Due to the economic climate more and more people have now been forced to plan for the future, and in doing so have taken note of their assets. The demand for life insurance and mortgage payment protection insurance is steadily rising which is understandable as we all feel more vulnerable. But it in other areas where priorities are things seem to be distorted. For example, insuring a boiler or taking out a 2 year guarantee on a TV are often pushed higher up the list in place of a Will which should deserve much higher prestige as it can determine the distribution of assets to save thousands of pounds in inheritance tax.

Why would you choose to ignore something which has such a big impact in friends and families future? The good news is Niche Wills are seeing more and more clients between the ages of 30 to 40 finally realising the need for immediate action which is very encouraging. At Niche Wills we have a tailor made Will writing service for this important age bracket as we believe this is the critical point in someone’s life for Will provision.

This is the perfect time to implement your long term protection strategy and we are able to give full guidance on all aspects of mitigating the financial traumas for your beloved should the worst happen.

Anyway, enough of the sermon! If you are still unsure whether a Will is for you or not below are some poignant points to recap why Writing a Will is in your best interests:

Anyone who fails to make a will cannot control who will inherit their property after death. In these circumstances, the assets will be distributed according to law, the law of intestacy, which is extremely likely to be against the person’s personal wishes. In extreme cases, the entire estate may fall to ‘the Crown’ (Government) instead of the people the client actually wishes to benefit.

By Draft a will the client determines precisely who inherits the property. Importantly, the client can decide who will handle their affairs after death and who will act as guardian for any dependant children who may be left without a surviving parent.

A Will can also be used to express a person’s preferences for burial or cremation and for donating organs or their entire body for medical purposes. Additionally, Making a Will provides an opportunity to reduce inheritance Tax (IHT) liability which is vital where there are meaningful assets.

Still undecided? Read on:

1 – The Government could inherit leaving your family to struggle. 

2 – Your children’s step parent could benefit more from your death than them.

3 – Without a designated beneficiary your prize jewellery and medals could be unwanted and given away or sold.

4 – You may wish to preserve a life by donating a vital organ

5 – You cause a family dispute as they second guess your wishes

6 - Your loved one’s bank account may be frozen until Probate is granted

7 - You want to protect the family home and keep it away from nursing home fees

8 – It makes sense to spent a relative low amount of money now rather than have your loved ones paying substantial legal bills at the emotional time of your death

9 - By Writing a Will in trust your disabled sibling’s inheritance will still be entitled to their benefits

10 - Putting off Writing a Will is unwise as illness can affect everyone including the young

As you can see writing a simple will helps to protect you in the long terms and every effort should be made to plan for you future now rather then later.

Niche Will writing service has been formed to ensure perceptive 30 – 40s  can write a will knowing that its being administered by a fully qualified wills expert.

 

Trust Wills Explained

Trusts and trust funds sound daunting to the untrained ear.

The reality is in our experience there are very few types of trust that get used directly by individuals in the work we do for Niche Wills in London.

 The principle reasons are when they are considering writing a will and also in respect of looking after the interests of their children.

In the summary below we attempt to explain the key differences. So you can make an informed choice or narrow down your search for an appropriate adviser.

Absolute (Bare) trust

An absolute trust holds the property in the trustee’s name but allows the beneficiary to take actual possession of both the income and trust property whenever they want. For example this type of trust might be used to pass gifts to children while you are still alive.

Accumulation and maintenance trust

An accumulation and maintenance trust is designed to pass money for the welfare of children whilst they are still minors. Any surplus income that is not used is added to the trust property, which it turn will pass the children once they reach 18. At this point the trust turns into what is technically known as an ‘interest in possession’ trust. The process is differs in Scotland, as, once a beneficiary reaches the age of 16, they could ask the trustees to part with the trust property.

Discretionary trust

The trustees of a discretionary trust are empowered to decide the amount of income or capital (if any) to pay to each of the beneficiaries as none has an automatic right to either. 

Discretionary trusts therefore can be used as a way to pass on property while you’re still alive and whilst still maintaining some control over it through the terms of the trust deed.

 Interest in possession trust

In an interest in possession trust the beneficiary has a legal right to all the trust’s income (after expenses have been deducted), but not to the actual property itself.

For example, you wish to set up an interest in possession trust in your will. It is for instance common to consider leaving the income from the trust property to your spouse or partner and the trust property to your children when your partner dies.

Mixed trust

A mixed trust may be ideal when one beneficiary of an accumulation and maintenance trust reaches 18 and others are still minors. In this instance part of the trust then becomes an interest in possession trust.

Whilst the above hopefully gives you and insight and flavour, it is fair to say that will writers, including Niche Wills, will provide you with the exact timing and method of using the trusts in their most effective way. It is worth spending time and seeking professional advice as it could have a profound impact on your legacy.

More information on trust Wills can be found by clicking here