How to increase your Inheritance Tax Allowance to £1million

We work hard for most of our lives to provide an inheritance for our loved ones and so wanting to increase our Inheritance Tax Allowance (reducing the amount paid in Inheritance Tax) is a considerable concern for many.

Inheritance Tax is payable at 40% upon death where an estate exceeds the Inheritance Tax Allowance, this is legally termed the Nil Rate Band (a personal allowance, that each individual is able to gift, upon death, without attracting any Inheritance Tax – for 2020/21 this is £325,000 per person).

So, how do we increase £325,000 to £1million?

So, as we now know, each person is entitled to pass £325,000 (2020/21) to their beneficiaries without paying any Inheritance Tax AND…

Where you are passing your residential property to a direct descendent (children, grandchildren, great-grandchildren, step-children, adopted children or foster children), you can claim an additional allowance, called the RESIDENTIAL NIL RATE BAND, giving you an extra £175,000 (2020/21) to pass to your beneficiaries (if they are direct descendants), without paying any Inheritance Tax.

Thus increasing your Inheritance Tax Allowance to £500,000.

So, where does the other £500,000 come from?

Your NIL RATE BAND (£325,000) and RESIDENTIAL NIL RATE BAND (£175,000) is transferable between spouses and civil partners.

This means that if your partner passes before you and leaves their entire estate to you, then upon your death you will have the benefit of their Nil Rate Band and, if they had a Residential Property in their Estate, their Residential Nil Rate Band.

Thus, increasing your Inheritance Tax Allowance to £1million.

It is worth bearing in mind that if your estate is worth more than £2million then you lose the right to claim all of the Residential Nil Rate Band; for every £2 over the £2million valuation, you will lose £1 of the Residential Nil Rate Band.

If you would like to have a free chat about your Inheritance Tax liability and planning for the future, please contact us on 01727 865121 or drop us an email Info@TotalLegacyCare.co.uk

Leah Waller

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What to consider when including a Discretionary Trust within your Will

You may have decided to include a Discretionary Trust within your Will (or you may be wondering what Discretionary trust is!), so first things first…What is a Discretionary Trust?

A Discretionary Trust is set up giving the Trustees (appointed by you) the discretion and control to make decisions about how (and to who) the income and capital is distributed. The Trustees will have the power to make decisions about whether to pay income, capital or both to the beneficiaries, who to make payments to (from the named beneficiaries or class of beneficiaries named by you) and how often payments are made.

The main issue that we have highlighted when reviewing our clients’ existing Wills and Discretionary Trusts is:

BENEFICIARIES

A Discretionary Trust allows your Trustees the discretion and choice to make payments (distributions) to the potential beneficiaries (or category of beneficiaries) named within the Discretionary Trust.

If you have only named one beneficiary, then this is NOT a Discretionary Trust. This could have tax implications (as well as other implications!) for the beneficiary of the Trust.

So, how do we resolve this?

We would recommend considering allowing the Trustees the ability to add further beneficiaries and naming a category or class of beneficiaries (this could be as simple as; children, grandchildren, nieces and nephews etc.) so that the scope of the beneficiaries is wide and there is no risk of a Bare Trust or Interest in Possession being created, rather than a Discretionary Trust.

Having a wider pool of beneficiaries can also assist if the Trust lasts for a prolonged period after your death and the original beneficiaries that you have named predecease you or die shortly after your death and prior to the full Trust being distributed.

So, why are we telling you?

Discretionary Trusts can be useful but as you can see, there are some common mistakes.

Before you decide on including a Discretionary Trust within your Will, make sure that you have considered the above points and that those drafting errors aren’t present in your Will!

If you have any questions, would like to consider putting a Will in place or a FREE review of your existing Will, please call us on 01727 865121 or drop us an email Info@TotalLegacyCare.co.uk

Leah Waller

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Month: July 2020