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Wills.org.uk - providing you with the latest news on UK Will writing and Inheritance issues.
Wednesday, 2 January 2008, 12:47 GMT
NRB Discretionary Trusts
In a recently published article solicitor David Emery-Jones answered questions on Inheritance Tax provisions.
A particularly useful answer was given to the following question:- ‘
Given the changes in inheritance tax following the pre-budget report, is there any point in my wife and I having nil rate band discretionary trusts drafted?’
After explaining previous use of nil rate band trusts and the new provisions that were introduced in the pre-budget report Mr. Emery-Jones went on to say the following:
‘While the nil rate band discretionary trust wills have lost their appeal from an IHT perspective, this is not wholly fair, and it also highlights the historic reasons for creating trusts.
While tax planning had been a valid reason for creating a discretionary trusts, another important function is protection, whether from third parties or from reckless beneficiaries. Second marriages are increasingly common and the safeguarding of the nil rate band of the first to die may be the
preferred option if there are children of
the first marriage who may be prejudiced.
Nil rate band discretionary trust wills have typically been drafted to provide trustees with powers far in excess of those granted by statute to let them operate it in the most flexible way. Having nil rate band discretionary trust wills, as opposed to more straightforward wills in which everything is left to the surviving spouse or children provides the executors with greater flexibility. If family circumstances at the time are such that it is appropriate to ring-fence the nil rate band of the first to die in the trust, this is the option that the trustees can take. They may wish, for example, to use money in the trust to benefit children or grandchildren.’
Mr. Emery-Jones then concludes with a very valid point:
‘The changes in the Pre-Budget report are effective from 9 October 2007, although they are yet to be made law by the 2008 Finance Act. While assurances have been made that the changes are set in stone and will be ratified by the legislation, this cannot be taken for granted’.
Wednesday, 21 November 2007, 09:56 GMT
The Nil Rate Bands from 1914 to 2010
Wednesday, 21 November 2007, 09:56 GMT
This is the text of a real Will proved in 1737 - a perfect “Don’t try this at home!”
The fifth day of May
Being airy and gay
And to hype not inclined
But of vigorous mind
And my body in health,
I'll dispose of my wealth.
And I'm to leave
On this side of the grave
To some one or other
And I think to my brother
Because I foresaw
That my brethren-in-law
If I did not take care
Would come in for their share
Which I nowise intended
Till their ways are mended
And of that, God knows, there's no sign.
I do therefore enjoin
And do strictly command
Of which witness my hand
That naught I have got
Be brought into hotch pot
But I give and devise
As much in me lies
To the son of my mother
My own dear brother
To have and to hold
All my silver and gold
As the affectionate pledges
Of his brother John Hedges. Friday, 16 November 2007, 17:55 GMT
Following the publication by the Inland Revenue of the new requirements dealing with the transfer of the Nil Rate Band Allowance, we are pleased to announce that the preparation of a full “Nil Rate Band Transfer Safeguard Pack” is included within the fixed Probate fee when we are appointed Executors or invited to become Executors of your Wills. Our Probate department is the first Probate Specialist to offer this important service to its clients as a standard service.
The Revenue has now released the new Inheritance Tax form (IHT216) and detailed a list of documents which will need to be presented. This announcement confirms our earlier statements that the transfer of a Nil Rate Band will be subject to full Revenue enquiry and completion of a tax return. Preparation and planning is going to become an essential requirement on a first death of a married couple or civil partner.
In all appropriate cases we will prepare a pack which will include the partial completion of the IHT216 required on the second death, and certified copies of all other documents that must be supplied to the Revenue before the transfer is approved. Originals will be held free of charge in our secure storage facility and will be made available to the Personal Representatives on the second death. We will also advise on the various options available in respect of any discretionary or life interest trusts which may arise on a first death and will prepare any necessary documentation where applicable.
Correct action on first death is VITAL where a Nil Rate Band needs to be preserved, don’t leave it to chance!
Thursday, 15 November 2007, 19:11 GMT
A man who died over sixty years ago caused lengthy arguments in court this year because of an ‘s’.
When John Jones died, his Will set up a trust to benefit ‘my brothers…and sisters in equal shares, the shares of any deceased brother or sister to be taken by his or her children in equal shares’. This seems straightforward enough – but it isn’t. At one time Mr Jones had ten siblings but at the time he made his Will, only his brother David (who was expressly excluded from benefiting from the Will) and three of his sisters were still alive. The Will trust eventually became eligible for distribution in 1992, when an interesting question arose. This was whether the descendants of all of Mr Jones’s brothers and sisters (excluding David) should benefit from the Will or whether the trust assets should be distributed only to the descendants of the siblings who were alive when the Will was created.
Key to the ruling was the phrase ‘brothers’. Since Mr Jones had only one living brother (and he was excluded under the Will), the Court of Appeal took the view that it was clear that he meant his Will to
benefit the families of those of his brothers and sisters who were dead as well as those alive when the Will
was drawn up.
Helen Hill – Society of Will Writers Monday, 12 November 2007, 17:25 GMT
Tenants in Common is still the best way to own your home, it helps you protect your half of the family home from being lost to others due to many diverse reasons such as:
1 - Care Home Fees
2 - Your surviving Spouse re-marrying
3 - Your surviving Spouse having more children, diluting your children's inheritance from you
4 - Bankrupcy, creditors trying to take your home in lieu of unpaid debts
Don't let the chancellors recent announcement lull you into a false sense of security just because of a small change to the rules on Inheritance Tax, your Wills still need to be correctly written by an expert.
Thursday, 5 April 2007, 13:15 GMT
Over half of all Britons have not made a will. A legal expert looks at the risks these people are running.
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