Probate:
The Basics

As a continuation of our series, ‘The Basics’, this week we are looking at…PROBATE.

We thought we would go back to the basics and answer some of the questions we get asked:

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What is Probate?

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Do I need to carry out Probate?

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Where do I start with Probate?

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What is involved in obtaining Probate? OR

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What is the Probate Process?

So, let’s get going…

What is Probate?

Probate is the process of dealing with someone’s Estate when they pass away. A person’s Estate will include their property, money and personal possessions (everything that they own) and the Probate process will involve the collecting in of all the Estate assets, paying off any debts and liabilities, and then distributing the remaining assets to the beneficiaries.

Do I need to carry out Probate?

Not always! Whether you need to carry out Probate or not, will depend on the size of the Estate that needs to be administered.

However, as a general rule of thumb, where there is a Property involved, Probate is likely to be necessary.

Many firms and solicitors, including ours, offer a free consultation – so, if you aren’t sure whether Probate is required on an Estate that you are dealing with, take advantage of a free consultation.

Where do I start with Probate?

This one can always be a bit tricky, as when the time comes to carry out Probate it is often the first time that the person dealing with it, has ever had to do the process.

So, where do we start?

How you start with the Probate process will depend on whether the deceased had a Will or not.

If the deceased had a Will, the Executors will need to begin by obtaining a Grant of Probate, if there is no Will then Letters of Administration will need to be applied for. Both a Grant of Probate and Letters of Administration are the legal documentation that allow the Estate of the deceased to be administered in accordance with the Will (if there is one) or by the Rules of Intestacy (where there is no Will).

What is involved in the Probate Process?

As we have said above, put simply, the Probate Process is merely the task of collecting in all the assets (property, monies, possessions, belongings) of the deceased, paying off any debts and liabilities (including any funeral and testamentary expenses, as well as paying any Inheritance Tax that is due on the Estate) and then distributing the remaining assets (or value thereof) to their beneficiaries. The beneficiaries will be those stated in the Will, if a Will was left, of those set out in the Rules of Intestacy, where there is no Will. If Inheritance Tax is due, it is advised to seek Professional advice to make sure you take advantage of all the Tax reliefs available.

If you would like to have a free consultation, or have any questions, please contact us on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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26th November 202024th November 2020

Funeral Plans: The Basics

Funeral Plans:
The Basics

We thought we would go back to the basics and answer some of the questions we get asked:

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What is a Funeral Plan?

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Why do I need a Funeral Plan?

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Can’t the money that I leave be used to pay for my funeral?

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Why is a Funeral Plan important?

So, let’s get going…

What is a Funeral Plan?

At the risk of sounding patronising, a Funeral Plan is exactly that…a prepaid plan for your own Funeral.

This means that you can pay for your Funeral now (at today’s prices, rather than the cost of a Funeral when the time comes!) and be safe in the knowledge that your loved ones haven’t got to find the money to pay for it whilst waiting for your Estate to be administered or for your money to be released.

A Funeral Plan can be as basic or as detailed as you like and can consider anything from the location, burial/cremation, cars, funeral directors, flowers and even music.

Why do I need a Funeral Plan?

If one thing is guaranteed, it is that all of us are going to pass at some time (we just don’t know when!) and so having a Funeral Plan is something that all of us could benefit from.

When you pass, your family or loved ones may have to find the money to pay for your funeral before your own funds can be released from your Estate. A Funeral Plan can save your family the worry and expense of arranging a funeral, and help make things easier at what is already a very difficult time.

When the time comes, one phone call to the funeral director that you have already chosen, is all that is needed to activate the plan.

Can’t the money that I leave be used to pay for my funeral?

As we have said above, it is not always that straight forward.

When you pass, your bank accounts, pensions, and assets are frozen and in most cases will only be released upon receipt, by the bank or institution, of a Grant of Probate (or Letter of Administration if you die without a Will). This could mean that those arranging your Funeral are left having to foot the bill until they can be reimbursed by your Estate. With the average cost of funerals steadily rising year on year, this is an additional burden that your loved ones could really do without.

Why is a Funeral Plan important?

Well, I think we have covered this above but if you are still wondering whether a Funeral Plan is right for you, why not contact us for a free chat – absolutely no obligation and if you don’t want us to follow you up that is absolutely fine, it is all in your control.

Setting up a Funeral Plan is straightforward, there are different payment options; you can pay all of it upfront, over one-year with 0% interest, or over a number of years.

Having a Funeral Plan in places gives you peace of mind knowing that your loved ones haven’t got the burden of arranging or paying for your funeral and that all of your wishes are catered for.

If you would like to have a free chat about putting a Funeral Plan in place, or have any questions, please contact us on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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29th October 202011th November 2020

Wills: The Basics

Wills:
The Basics

We thought we would go back to the basics and answer some of the questions we get asked:

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What is a Will?

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Why do I need a Will?

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What happens if I don’t have a Will? OR
What happens if I die without a Will?

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I don’t have anything, do I still need a Will?

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Why is a Will important?

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How long does it take to make a Will?

So, let’s get going…

What is a Will?

A Will is a legal document that sets out what should happen to all of your belongings (money, property, cars, possessions etc.) when you pass away.

Your Will can also appoint Guardians for your children (should they be left with neither parent). A Will is the only way (in the UK) of appointing guardians for your children.

Your Will appoints Executors, the people that you trust to be responsible in administering your instructions.

Your Will can also include any funeral wishes that you may have (although this is optional).

Why do I need a Will?

We often get asked ‘Why do I need a Will?’ or ‘What happens if I don’t have a Will?’ or even ‘What happens if I die without a Will?’.

Ultimately it is the same question…with the same answer, just asked in different ways.

So, you need a Will because if you do not have a Will, or (to put it another way) die without a Will, then you will die INTESTATE.

If you die intestate, this means that the Rules of Intestacy apply and you, and your family, lose control of where your money, property and possessions go and this is decided by the Rules of Intestacy.

Having a Will in place allows you the control to decide who benefits and inherits upon your death.

I do not have anything, do I still need a Will?

YES!

Even if you perceive that you have ‘nothing’ this can mean very different things from one person to another.

As we have said above, a Will is the only way to determine that only the people that you decide can benefit and inherit upon your death, rather than it being left to the Rules of Intestacy.

Why is a Will important?

For fear of repeating ourselves (although it is important!), your Will is important as it allows you control and allows you to decide where your estate (all your money, property and assets) go.

It’s not just about your money though, you can also choose guardians for your children, name your executors and even make provision for any pets that you have.

A will can also allow you to create Trusts that may help with reducing your Inheritance Tax liability.

How long does it take to make a Will?

Usually, we just need about an hour of your time to explain everything to you, take down all your requirements, answer all your questions and then we’ll do all the work in the background.

We then return to you with your Will for signing, we provide both independent witnesses, to make it legally binding and then your Will is complete.

From the initial call to you having your signed Will in your hand with all your wishes, legally compliant and complete can take as little as a few days, we like to make it as simple for you as possible for you. Having said that, we never rush you to finalise your Will until you are 100% happy with the Will and that it covers all of your wishes.

If you would like to have a free chat about your existing Will, or creating a new Will, please contact us on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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15th October 202015th October 2020

How much does a Will cost?

How much does
a Will cost?

It’s always tricky to work out how much something costs, or is worth, before you get a quote. To guess how much anything will cost we need to look at the value of it first. ‘Value’ is described as “the regard that something is held to deserve; the importance, worth, or usefulness of something”.

If we break those 4 areas down for a Will then we can start to understand the value:

The regard that something is held to deserve

Writing a will is not as simple as putting pen to paper (or finger to keyboard). The process, when followed properly, should include an initial meeting where the Will Writer or Solicitor will take time finding out what the clients needs are, taking down all the relevant information and answering any questions the client may have. There may be a requirement to plan for inheritance tax, or to plan for vulnerable or disabled beneficiaries, and workout the best solution to meet all the clients needs.

Once this has happened the Will can then be drafted and a draft version sent to the client and explained fully to them.

If all is in order the Will can be finalised, printed and signed. The Will Writer or Solicitor will have additional paperwork to complete to be fully compliant and complete their due diligence.

There is a fair amount of work to complete in order to put a valid Will in place and it should take around 4-6 hours for an efficient Will Writer or Solicitor to complete, even with what is considered a ‘simple Will’.

The importance

The next part to discuss is the Importance of a Will, this should be self-explanatory but put simply, without a Will in place you don’t get to decide where your assets end up. Having a simple Will in place removes additional stress that your family and loved ones will have to endure without having a Will in place in dealing with the Rules of Intestacy. A Will not only dictates where your money will go, it also covers a variety of other important decisions, such as, guardians for children (if under the age of 18 years) your funeral wishes, your executors and any Trusts that you may wish to put in place to protect your loved ones.

Worth

If you ask anyone who has had to deal with the Administration of an Estate without a Will then they are sure to explain how much easier it would have been with a Will. It’s also more costly to go through the legal procedure when there is no Will (several times the amount it would cost to put a Will in place). If you put a Will in place you could save your loved ones time, expense and hassle – which must be worth it, right?

Usefulness

Having explained the previous areas, how useful is a Will?

Your Will lists clearly your instructions and what you want. It is the only way (in the UK) to ensure guardians are put in place, for your children, if required, explains your funeral wishes to your executors and directs your executors on how you would like your Estate to be distributed. Your Will can ensure people are protected in the event of your death and Trusts can be included to plan for inheritance tax amongst other important issues such as vulnerable or disabled beneficiaries.

So, how much should a Will cost?

It will vary on what you require and where you get it from. You can pick up a Will Pack from WH Smiths for under £20 and do it yourself. Although a word of warning…completing a Will yourself comes with risks, you’ll need to ensure it is correctly completed and legally valid, you may not realise this until it is too late.

If you go to a professional, you will be expecting to pay anywhere between £200-£500 for a simple Will. If you need Trusts in place or there is additional work then you can expect to pay more. Many companies offer an initial consultation free of charge and all prices should be quoted up front before work commences

We are always happy to have a chat with you about putting a Will in place or answer any questions you may have.

If you would like to have a free chat about your options or making a Will, please contact us on info@TotalLegacyCare.co.uk
or 01727 865 121

Neil Barras-Smith

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17th September 202017th September 2020

What is the role of a Trustee?

What is the role of a Trustee?

You may have been appointed as a Trustee in someone’s Will or thinking about appointing someone you trust as a Trustee within your own Will, BUT what does it actually mean and what does the Trustee do?

Let’s take a look…

A Trustee is someone appointed to look after and manage the assets within a Trust and administer/distribute the Trust in accordance with the instructions set out.

A Trustee must always act in the best interests of the beneficiary, act honestly and fairly towards the beneficiaries of the Trust, whilst ensuring that they follow the terms of the Trust.

When appointing Trustees within your Will (perhaps for a Trust where your children, grandchildren or great-grandchildren, will be the beneficiaries, whilst under the age of 18), you can appoint a maximum of four Trustees, although you can appoint reserve Trustees if you wish. In the majority of cases people will choose the same executors and Trustees however, this is not always the case and you can appoint different Trustees and Executors.

Who to choose as a Trustee…

If you are placing property or land into a Trust, then you will need a minimum of two Trustees.

After knowing how many Trustees you need, you need to have a think about WHO would be the best Trustees.

Trustees must be at least 18 years of age and able to take on the role. Now, this may sound obvious but taking on the role and responsibility as a Trustee can be more suited to some than others and just because someone has reached the age of 18 does not necessarily mean they are able to take on such a responsibility.

Another consideration to think about is; your Trustees MUST be able to work together. Where you have more than one Trustee they must be able to make a UNANIMOUS decision before an action is taken and thus being able to work together is imperative.

It may go without saying, BUT your Trustees must have capacity, be of sound mind and be trustworthy.

Trustees can be your family or close friends, whilst others opt for appointing professionals (especially where the Estate may be quite complex). However, even if a professional is not appointed, a family or friend that is appointed as a Trustee can always seek professional help as and when required if they think it is necessary.

So, what is the role of the Trustee?

As we have said, the Trustee must act in accordance with the terms of the trust and always act in the beneficiaries best interests, but additional responsibilities include:

Act fairly (this is important where there is more than one beneficiary);
Protect the assets that are within the Trust;
Insure the assets of the Trust if necessary;
Distribute the income of the Trust to the beneficiaries;
Distribute the capital to the beneficiaries;
Keep accounts and an accounting history of all transactions;
Complete Tax Returns and pay any tax that may be due to HMRC;
Declare all income and Capital Gains Tax that is payable;
If Inheritance Tax become payable, notify HMRC;
Keep a record of any income and expenses from the Trust;
Take reasonable care when making any investments;
Register the Trust;
Act in accordance with the Trustee Act 2000.

Remember, ALL Trustees must act UNANIMOUSLY.

Trustees must not personally benefit from the Trust.

All this may seem a large burden to place on your Trustees but professional help is always available to Trustees to support with managing trusts if required.

If you would like to have a free chat about your options or making a Will, please contact us on info@TotalLegacyCare.co.uk
or 01727 865 121

Leah Waller

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3rd September 20203rd September 2020

Nil rate Band Discretionary Trusts: Are they still useful?

Nil rate Band Discretionary Trusts: Are they still useful?

Nil Rate Band Discretionary Trusts were popular, and VERY useful, prior to 9 October 2007 when the Transferable Nil Rate Band was introduced.

Before 9 October 2007, the Nil Rate Band could not be transferred between spouses and so if it was not used on first death (and everything passed to the surviving spouse) this Nil Rate Band was lost unless a deceased spouse had a Nil Rate Band Discretionary Trust within their Will.

The Nil Rate Band Discretionary Trust allowed for the spouse that passed first to leave assets up to the available Nil Rate Band to beneficiaries (usually their spouse and children) in a Trust, this would use their Nil Rate Band upon their death and those assets would remain outside the surviving spouse’s Estate (whilst in the Trust) and so no Inheritance Tax would be incurred on those assets upon the death of the second spouse.

If there was no Nil Rate Band Discretionary Trust is place and the deceased spouse simply left all their assets to the surviving spouse then this would accumulate with their existing Estate and could mean that Inheritance Tax would be payable as only one Nil Rate Band would be available to take advantage of upon the death of the surviving spouse.

The advantage of a Nil Rate Band Discretionary Trust, was that guidance could be given to the Trustees, to treat the main beneficiary as the surviving spouse during their lifetime with the other beneficiaries (children or grandchildren) only benefiting following the death of the surviving spouse. This would mean that the surviving spouse would still be provided for, and have access to those assets, during their lifetime although they would not form part of their Estate.

Now that the Nil Rate Band is transferable between spouses, is the Nil Rate Band Discretionary Trust redundant?

Not quite! There are still some advantages to using a Nil Rate Band Discretionary Trust and these are briefly set out below:

For UNMARRIED couples

The Transferable Nil Rate Band is only available to couples that are married or that have entered into a Civil Partnership, and so for those couples that choose not to marry or enter into a Civil Partnership they are unable to take advantage of the Transferable Nil Rate Band. This is where the Nil Rate Band Discretionary Trust can come in very useful.

To make use of an Additional Transferable Nil Rate Band where a previous marriage ended in the death of a spouse

If a previous marriage ends in death then the surviving spouse can use the Nil Rate Band of their deceased spouse, this is not limited to just one spouse and so you could benefit from multiple Nil Rate Bands should you have multiple marriages end in the death of a spouse.

However, these cannot be transferred by you, should you die and leave your estate to a surviving spouse and so all of those Nil Rate Bands (save for your own) will have been lost.

This is where a Nil Rate Band Discretionary Trust can be used to take advantage of the accumulated Nil Rate Bands from the marriages that have ended in the death of a spouse.

An example:

Frank and Sylvia are married. Both Frank and Sylvia are widowed with each of their deceased spouses leaving their entire estate to them.

If Frank and Sylvia both include a Nil Rate Band Discretionary Trust within their Will (to benefit each other and their children) to use both their own Nil Rate Band as well as any Transferable Nil Rate Band that is available to them then, upon Frank’s death assets to the value of his Nil Rate Band, plus that of his first wife’s Nil Rate Band, will pass into the Nil Rate Band Discretionary Trust, with the remainder passing to Sylvia.

Upon Sylvia’s passing, her estate can benefit from her own Nil Rand Band as well as that from her first husband and the combined estate will have benefited from FOUR Nil rate Bands.

To benefit children following the surviving spouse’s needs being looked after

This approach is beneficial where it is not certain what the needs of a surviving spouse will be upon the first death.

Having a Nil Rate Band Discretionary Trust to include the surviving spouse and children allows the needs of the surviving spouse to be taken care of first before deciding how to distribute the income and capital in relation to the remaining trust assets.

Reducing the Inheritance Tax liability on second death

By having a Nil Rate Band Discretionary Trust in place, this can mean that no Inheritance Tax is payable on the first death, as the Nil Rate Band will pass into a Trust and the remainder to the surviving spouse. When the surviving spouse passes there will only be Inheritance Tax payable on the value of their Estate minus their Nil Rate Band. However, the property/assets put into the original Nil Rate Band Discretionary Trust will not accumulate with the surviving spouse’s Estate as these are in Trust and so if the value has increased then this will not impact the Inheritance Tax liability upon second death.

Preventing the loss of the Residential Nil Rate Band through the Taper Threshold

Using a Nil Rate Band Discretionary Trust can direct assets away from the surviving spouse so that their Estate does not exceed the Taper Threshold (currently £2million) for the Residential Nil Rate Band.

Currently, if an Estate exceeds a value of £2million, then the Residential Nil Rate Band is reduced by £1 for every £2 over the £2million.

If an Estate value exceeds £2.7million then there will be no Residential Nil Rate Band available.

Using a Nil Rate Band Discretionary Trust to keep the Estate value below £2.7million (or, ideally, below £2million) can mean that the Residential Nil Rate Band can still be taken advantage of, to its full extent, upon second death.

These matters can be quite complex and we are happy to discuss any of your own circumstances in more detail if you think that this may be useful.

If you would like to have a free chat about your existing Will or making a new Will, please contact us on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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20th August 202019th August 2020

Equity Release

Equity Release

Most people’s main asset is their house but many may be facing later life when they are asset rich but cash poor…meaning that although they have money in their property, or properties, they are unable to access this on a daily basis, or as and when they need it, to pay for necessities and therefore are ‘cash poor’.

Equity release has been given a bad press in recent years and so below we look at some of the positives and negatives of releasing equity from your property.

So, what are the advantages to equity release schemes?

The monies released from the property are tax free.

You can gain access to money that is tied up in your property without having to move or downsize.

You can use the money released to make gifts to loved ones.

Most companies will guarantee you against any fall in property price if the value of your property falls below what is owed.

This means that if the property market crashes and the amount borrowed is more than the value of the house, the lender will meet the shortfall, putting you at no risk.

Most schemes do not require a monthly repayment.

With most schemes the interest rates are fixed for the entirety of the scheme meaning that you will know exactly what will be owed when the scheme comes to an end.

Some schemes offer a ‘draw down’ option where monies are accessible but interest is not charged on this unless it is drawn down and used. This means that you can have peace of mind by knowing that funds are available should you need them but if they are not used then there is no interest charged.

What about the disadvantages…

As interest is added to the final debt, rather than charged monthly (compound interest) it means that the balance can rise dramatically. Although, as seen above, the final amount due will be known from the outset.

If you want to repay the debt early there may be hefty penalties for early repayment. This will depend on the plan and so it is important to consider this at the outset.

An injection of cash into your account could have an impact on any state benefits that you receive such as means-tested benefits, Council Tax, Pension Credits and/or NHS optical and dental appointments.

You will be unable to secure any other loans or charges against your property once commencing an equity release scheme.

It is therefore extremely important to speak with an independent professional before embarking on any equity release scheme. You can then look at the types of equity release schemes appropriate for you and your needs and weigh up the advantages and disadvantages and whether it is the best option for you.

If you would like a FREE chat to discuss your options, get in touch on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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want to book a
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6th August 20206th August 2020

Second Marriages: Protecting your Children & Inheritance

Second Marriages: Protecting your Children & their Inheritance

Nowadays, second marriages are quite common. We look at a case study of Bob and how second marriages cause issues not only during our lifetime but also upon our death, including Inheritance provisions, large estates attracting taxes and whilst all this is going on…trying to keep everyone happy and doing what seems fair!

So, let’s look at a case study of Bob to put things into perspective…

Married in his early 20’s;
Bob has 3 children who are now all grown up and have their own children;
Unfortunately, Bob’s wife passed away some years ago and after spending some time alone, Bob met a new partner Sally.

Sally is also a widower and has two children of her own, a son and a daughter. Sally’s daughter has two children also but her son never married and lives the life of a ‘Rock and Roll Star’.

Both Bob and Sally own their own homes but want to sell up and move to the coast together to enjoy their retirements.

Their current assets look like this:

House

Mortgage

Buy to Let

Mortgage

Savings

Shares & investments

Total (less mortgages)

Bob

£500,000

£100,000

£0

N/A

£75,000

£25,000

£500,000

Sally

£600,000

£0

£250,000

£40,000

£20,000

£60,000

£890,000

Now, Bob and Sally have agreed that the life and wealth they each built before they met will be passed on to their own children.

They have put an offer on a luxury bungalow on the south coast which has been accepted at £800,000.

There may be a few complications that they need to resolve and plan for carefully, so they can purchase their dream home and make sure that each of their children’s inheritance is protected.

How will they own the home?

Joint Tenants: This means you both own the home jointly, when one of you dies the survivor automatically owns the house outright.

This is not a good option for Bob & Sally as they want to pass their own share on to their children.

Tenants in Common: This allows the owners to hold the property in shares (equally or in different shares), for example 50% each or, you could own it in any percentages you wish 60/40, 70/30 etc.

For Bob and Sally, owning the home as Tenants in Common would be the best option. If they both put in equal amounts of £400,000 to pay for the property, their share is protected and they can gift their share of the house in their Will to their children, or to anyone else that they wish.

What happens if Bob dies first?

If Bob passes first, Bob’s children would receive his share in his Will. They could force Sally to sell up to get their money or she would have to find £400,000 (or half the current market value if the property went up in price since purchasing) to buy Bob’s children out. This is not a situation that either Bob or Sally would like to find themselves in. So what’s the solution…

A simple Trust in their Will

Bob has a Will drafted stating that all of his assets are to pass to his children BUT puts a Trust in his Will stating that he would like Sally to live in the house until she sells up or passes away. If she sells the house Bob’s children will receive their share, or upon her death, the house can be sold and Bob’s share will pass to his children.

Creating a Will with a Trust in this way, allows Sally to live in the property for as long as she wants without the worry of finding money or being pressured by Bob’s children. You can also put in other stipulations of the Trust too, for example stating that the Trust would end should Sally (in this case) remarry.

It would of course make sense for Sally to write a Will and Trust similar to Bob’s so he is protected should she pass away first.

Other considerations…

In addition to sorting out their Wills and Trusts, there are a couple of other things we would recommend considering before Bob and Sally venture off on a new life down by the sea to protect themselves and each other.

Lasting Powers of Attorney (LPA)

If Sally was to lose capacity and need to go into a Care Home, she may want to be closer to her family, children and grandchildren, Bob would not be able to sell the house to release funds to pay for her care – without going through the courts which is a lengthy and costly process.

Both Sally & Bob would need to sign the legal documents for the sale to go through if the house was held as Tenants in Common BUT with an LPA in place, Sally’s Attorney would be able to sign on her behalf.

LPAs also have a number of other benefits around financial and health affairs that may arise for Sally. Take a look at our article explaining our Top 5 reasons for getting an LPA in place for more information

Funeral Plans

It would also be advisable for both Bob and Sally to consider putting a funeral plan in place. A funeral plan is prepaid and secures the cost of the funeral director services at the time the plan is taken out. This means that, rather than either the surviving spouse, or Bob & Sally’s children having to face the financial and emotional burden of paying for and arranging the funeral…this will all be done for them with one simple phone call.

Inheritance Tax

Another consideration is Inheritance Tax. It is always best to speak to an expert to make sure you have taken any possible measures to reduce your inheritance tax liability to protect yourself and your family where possible.

MOST IMPORTANTLY…Don’t panic, there are always options around this and if this concerns you, get in touch we are always happy to give free advice, answer any questions and help to resolve your concerns.

If you would like a FREE chat to discuss your options, get in touch on info@TotalLegacyCare.co.uk or 01727 865 121

Leah Waller

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23rd July 202023rd July 2020

How to increase your Inheritance Tax Allowance to £1million

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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9th July 20209th July 2020

What to consider when including a Discretionary Trust within your Will

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

Click here to find out more...

Have a Question or
want to book a
FREE Consultation?

Probate:The Basics

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What is Probate?

Do I need to carry out Probate?

Where do I start with Probate?

What is involved in the Probate Process?

Funeral Plans:The Basics

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What is a Funeral Plan?

Why do I need a Funeral Plan?

Can’t the money that I leave be used to pay for my funeral?

Why is a Funeral Plan important?

Wills:The Basics

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What is a Will?

Why do I need a Will?

I do not have anything, do I still need a Will?

Why is a Will important?

How long does it take to make a Will?

How much doesa Will cost?

The regard that something is held to deserve

The importance

Worth

Usefulness

So, how much should a Will cost?

What is the role of a Trustee?

Who to choose as a Trustee…

So, what is the role of the Trustee?

Nil rate Band Discretionary Trusts: Are they still useful?

For UNMARRIED couples

To make use of an Additional Transferable Nil Rate Band where a previous marriage ended in the death of a spouse

To benefit children following the surviving spouse’s needs being looked after

Reducing the Inheritance Tax liability on second death

Preventing the loss of the Residential Nil Rate Band through the Taper Threshold

Equity Release

So, what are the advantages to equity release schemes?

What about the disadvantages…

Second Marriages: Protecting your Children & their Inheritance

Bob

Sally

How will they own the home?

What happens if Bob dies first?

A simple Trust in their Will

Other considerations…

Lasting Powers of Attorney (LPA)

Funeral Plans

Inheritance Tax

How to increase your Inheritance Tax Allowance to £1million

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

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

What to consider when including a Discretionary Trust within your Will

BENEFICIARIES

So, why are we telling you?

Probate:
The Basics

Funeral Plans:
The Basics

Wills:
The Basics

How much does
a Will cost?