Wills & Trusts

Discussion in 'CycleChat Cafe' started by trustysteed, 7 Apr 2010.

  1. trustysteed

    trustysteed Guest

    Realised that I have a few life insurance polices which would add up to a reasonable amount. Would like to ensure that capital gains taxdeath duties are minimised.

    I believe trusts are a good way to do this but I don't really understand how they work. can you make your wifehusband a trusteebeneficiary so that heshe doesn't get lumbered with unnecessary taxes upon your death? and what can you put in a trust assetwise etc?

    would appreciate some simple advice from anyone legals or in-the-know CC'ers about these things!
     
  2. swee'pea99

    swee'pea99 Legendary Member

    I'm no expert, but I believe Trusts can hold all sorts of assets, and any such assets become progressively less subject to Inheritance Tax over a period of five years, after which they're IH-proof. (I think they 'shed' IH-liability at a rate of 20% a year.) So put stuff in a trust, then don't die for at least five years and away you go!
     
  3. Crankarm

    Crankarm Guru

    Location:
    Nr Cambridge
    Errr ......... go and visit a solicitor/accountant that specialises in wills and estate planning, private client work. If you potentially have a sizeable estate why seek advice on a cycling forum that may be wrong or out of date and which you or your beneficaries have no come back if things go tits up ???!!!! ;).
     
  4. accountantpete

    accountantpete Legendary Member

  5. OP
    OP
    trustysteed

    trustysteed Guest

    i think that's a given!

    thanks for the advice guys.
     
  6. ASC1951

    ASC1951 Guru

    Location:
    Yorkshire
     
  7. Go to a solicitor who knows about probate law.

    you can write your Will and specify certain gifts (e.g. the house) are exempt of IHT. Although your spouse will get this anyway, but you could give it to your children doing this. Then the IHT will come from the residue of the estate.

    You could give pecuniary (set amount) gifts to relatives, friends, etc... then specify that the residue up to the IHT threshold go to the other half and anything above that to charity.

    A specialist solicitor can help - but make sure they know probate law. Check out the Law Society site and search for a probate sol near you.
     
  8. Flying Dodo

    Flying Dodo It'll soon be summer

    For the life policies, the insurance company they're with would be able to provide trust forms, which are very simple and easy to complete. There's no problem with making your spouse/partner as Trustee and for them to also be a beneficiary.

    Upon your death the benefit can then be paid directly to the nominated beneficiaries free from Inheritance tax and without waiting for Grant of Probate.

    If you have other assets, such as bonds, investments etc, then those can be placed into trust, but for that scenario, as mentioned above, it would be best to get legal advice from a solicitor.
     
  9. snorri

    snorri Legendary Member

    I would be wary of going to a solicitor for financial advice, better to go to an organisation who can guide you on IHT limitation and advise on investments to best suit your needs. Solicitors tend to be more limited in the range of investments they offer.

    Location of an IFA near you....
    http://www.searchifa.co.uk/

    Or visit a company of Investment Managers near you.
    http://www.apcims.co.uk/findafirm/find_a_firm.php.....
     
  10. RecordAceFromNew

    RecordAceFromNew Swinging Member

    Location:
    West London
    If you want to be an intelligent buyer of services provided by solicitors, accountants, banks/insurers or IFAs etc. on the subject, you will have to read up quite a bit. I would advice one does because the subject is complex and many "experts" are probably not as expert as they may lead you to believe, it is VERY hard to provide faultless advice, and a mistake can be very costly.

    A key authority on Trust law in this country is James Kessler QC. This is by him (in 9th edition) and probably the most comprehensive book for your purpose. Although it costs over £130, if significant assets over the IHT threshold is in play then it is probably just a drop in the ocean of the tax that can be saved legitimately.

    You can spare yourself the trouble if your assets are below the IHT threshold, or if the relevant assets are life policies written in trust already.
     
  11. Mille

    Mille New Member

    Location:
    Stone
    Also, and linked i think, Independant Financial Advisors are not necessarily that.

    Until the new rules they are now talking about come in, you can still be misled into thinking an IFA is independant when really they are 'tied' to a particular company.
     
  12. RecordAceFromNew

    RecordAceFromNew Swinging Member

    Location:
    West London
    Indeed. If independent, for complex matters advisors (including lawyers and accountants) generally sell advice by the minute, and many are under pressure to maximise time spent on reimbursable work. Separately, once you have started with one, it can be costly for you to switch.
     
  13. mr_cellophane

    mr_cellophane Guru

    Location:
    Essex
    There has never been any IHT payable on monies left between spouses. You can assign life policies to anyone. That means that without assignments on your death any life policies pay to your wife. If she dies soon after IHT could be payable. If you assign the policy to your children, on your death they get the money and it doesn't form part of your estate.
     
  14. When you die you have a level at which tax is paid at a fairly high level. You would be wise to avoid this. A trust is a device to do this.
    How?
    You and partner each have a share in your joint worth. When one of you dies it makes sense that only HALF of the joint worth passes to the survivor.
    Now on the death of the second partner the FULL value of joint estate is passed on to family. This is often over the tax rate and if so thousands of pounds is paid over in tax.

    So now what if on the first partners death the value of their half is NOT passed to the survivor? But held in another form?
    First partner dies HALF value left
    Second partner dies -this time also HALF left. Bingo! it stays under tax threshold.

    To do this you set up a Trust. This is a sort of entity in itself a bit like a company but with trustees running it not directors.
    Survivor stays in the house or has access to money and is often running the trust.
    Benefit of arrangement is not to the survivor but to those the estate is then left to. It is about the most cost effective bit of paper you could draw up.
     
  15. cyberknight

    cyberknight Wibble

    Location:
    Land of confusion
    Are you in a union? we get free will service from ours:biggrin:
     
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