Showing posts with label Estate Planning. Show all posts
Showing posts with label Estate Planning. Show all posts

Thursday, 9 October 2008

The Difference Between Making A Will And Estate Planning

Pete Savage, MIPW, is an Estate Planning Consultant with DeedSafe Wills and Legal Services. In this brief feature, he gives us an insight into the importance of 'getting it right' before you go.

As Pete himself often reminds us, it's all about thinking outside the box before ending up inside one!

When people consider making a Will, experience has shown us that they will invariably think about leaving everything to their surviving spouse/partner on first death, then on second death to their children. This typical route has a host of hidden dangers which could mean your children are partially or totally disinherited. For example:

a) If after your death, your spouse/partner re-marries; their new spouse could inherit everything, not your children.
b) If you have children from a previous relationship; after your death your partner could change their Will to disinherit those children.
c) If you end up in a care home, your assets can be seized by the local authority to pay for your care.

Estate Planning is too important an area to risk making a do-it-yourself Will or to put in the hands of unqualified and unregulated so-called ‘will writers’.

A properly prepared Will can protect your family from all of the above scenarios.

You may also have specific wishes or situations which may need to be taken into consideration e.g. a disabled child or a beneficiary with acute behavioural problems or addictions. It would be potentially harmful for these people to benefit directly from your Will but you may not want to disinherit them completely.

Also you may wish somebody such as a partner or elderly relative to be granted the right to live in your property after your death but to not necessarily inherit it. These situations can be dealt with within a correctly drafted Will.

Of course within your Will you can name the people you want to do the important jobs such as who should take over parental responsibility for your children if you should die while they are still minors. You will appoint people to look after your cash and other assets also.

Furthermore, if you have an accident or worse still, become mentally or physically incapable, who’s going to arrange your finances and pay your bills? What if it becomes desirable to sell your home? Even if your husband/wife is still alive and well, they cannot give your consent to do any of these things.

A Lasting Power of Attorney document ensures all these matters are dealt with and stops the wrong people gaining control of your finances.

For further advice on any of the above topics please contact:

Peter Savage on 0800 781 9371

Sunday, 7 September 2008

Estate Planning & The Seven Year Rule

The Seven Year Rule allows us to gift an asset or some money to loved ones, whilst reducing your inheritance tax (IHT) bill. There is, however, a catch (isn't there always?) In order for the gift to be fully IHT exempt, you will need to survive for seven years after making the gift.

There is, currently, a £312,000 IHT threshold in place. This means that, on death, the first £312,000 of our estate will not be subject to IHT. Any amounts gifted above this amout will be subject to the Seven Year Rule, so we need to make sure that the receipients can afford to pay the bill.

There are other ways of making IHT exempt gifts. For example, you can give away an annual, tax free, allowance of up to £3,000 to family or friends. If this is not used in the first year, it can be carried forward to the next year only. So, if you've not done this before, you can gift up to £6,000 (bringing forward last year's allowance) in the first year. This means that a couple can gift £12,000 in the first year, and £6,000 per year thereafter.

Putting this money in trust for your children or grandchildren could give them a head start on the property ladder or pay for their education.

Elderly parents should review their estate as soon as possible, making sure they have an up to date will, and that loved ones know where it is.

Whether you provide care for them or not, they could look to make regular gifts from income to you (provided that, in doing so, they are not reducing the quality of their lifestyle).

These gifts (which can be for any amount) can fall outside their estate for IHT purposes. If they move into your home and contribute to running costs and bills, make sure a record is kept of all expenses, so you don't incur an unwelcome income tax or IHT bill.

As with all legislation, IHT law is subject to change, so always check out the current position when looking to make a gift of this nature.