Mitigate Any Potential IHT Liability Flashcards

(40 cards)

1
Q

What are the generic steps for IHT planning

A

Make a will
Ensure it is kept up to date
Establish LPA
Use exemptions and reliefs
Bequeath assets assets that qualify for tax relief to beneficiaries who would otherwise be charged tax
Bequeath chargeable assets to exempt beneficiaries

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2
Q

What are the requirements that must be met for a will to be valid

A

Teatstor must be over 18
Of sound mind
Under no pressure to make the will
Will must be in writing
Signed by testator
The signature must be witnessed by 2 independent witnesses
Witness must not benefit or be the spouse of testator

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3
Q

Why should Kathy make her will as soon as possible

A

Under rules of intestacy, her assets go to her next of kin- her children
She will not be able to bequeat to grandchildren
Her children may not want to inherit as they may have an IHT liability of their own
Her wishes may not otherwise be carried out
To avoid time and admin associated with laws of intestacy
To minimise IHT payable on estate/ to facilitate IHT planning

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4
Q

What are the duties of an executor

A

Administer deceased affairs
Obtain full details of assets/liabilities and settle debts
Complete IHT return and pay IHT
Apply and obtain probate
Distribute estate in line with will
Complete and income tax or CGT return
Prepare estate accounts

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5
Q

What is meant by probate?

A

Legal and financial process of dealing with the estate of someone who has died
Proves the will is valid and confirming who has authority to administer the estate
Probate is needed in England or Wales when a person who dies with significant property in thier sole name.
If a bank or other financial institution asks for a grant of probate probate will be needed (Alan’s ISA provider)
Executor would have to apply for grant of probate before administering the estate
Grant of probate is a legal document that allows access to bank accounts etc.
It gives legal authority to a named person
Application fee will need to be paid

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6
Q

What is the process of probate

A

Calculate (assets v liabilities)
Verify beneficiaries
Pay IHT
Grant of probate
Liquidate, settle, pay remaining taxes
Prepare accounts
Show and agree
Transfer

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7
Q

How can a deed of variation be set up?

A

Legal document
Signed, dated and witnessed
Deed states what is being varied
Deed states who benefits
Beneficiaries must agree
Be over 18
Of sound mind
Treated as taking place on donors death
Must be affected within 2 years of Alan’s death
No consideration for money or moneys worth
Deed needs to contain statement that variation is for IHT
Money treated as never being in Kathy’s Estate

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8
Q

What are the benefits and drawbacks of a deed of varation

A

Alan’s assets bypass Kathy’s estate, meaning no IHT liabilitie
And not assessed for LTC needs

Involves giving up the capital
Which could be used to suplement pension income
Costs involved in setting up might be detrimental

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9
Q

How does an immediate post-death interest trust work

A

Dead of variation and will trust inserted
IPID is an interest in possession trust written into the will
Places some or all of the assets of 1st to die into IIPT with surviving partner as life tenant and any children grandchildren as remainderman
Surving partner can take income or use assets during lifetime
These would be included in Estate of survivor on death
IPDI are not relevant property trusts, so no periodic or exit charges

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10
Q

How does a nil-rate band discretionary trust work

A

Deed of variation into will trust
Leaves assets up to NRB in discretionary trust
Kathy, children, and grandchildren are potential bebeficiaries along with future grandchildren
Enables partner to access during lifetime
As discretionary assets are not included in estate
Is relevant property trust but no periodic charge if it stays under £325,000
Kathy loses some or all of Alan’s NRB, but if she remarried, she could inherit full new husbands

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11
Q

How does a discounted gift trust work?

A

Take out investment bond
Kathy and children trustees
Assign bond to DGT (discretionary or bare)
Calculate discount (based on income needed and underwriting)
Value for IHT is less than the amount gifted
Upto 5% tax deffered income can be taken
Can be deffered to provide more later
CLT if discretionary, no charge under NRB
PET if bare trust
Out of estate in 7 years

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12
Q

What are the benefits and drawbacks of using DGT

A

Falls out of estate in 7 years
Any growth outside if estate
No immediate charge to discretionary trust if under NRB
No periodic charges if under NRB
Can act as trustee to retain control
Discount reflects good health

Income is fixed from outset
Maximum 5% income
Irrevocable
Lose access to capital
Set up costs

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13
Q

How does a loan trust work?

A

Establish discretionary trust
Kathy trustee
Retain control of capital
Identify beneficiaries
Make capital loan to trustees
Repayment on demand (remains in estste)
No immediate charge to IHT (no transfer has taken place)
Growth outside of estate
Can be held in investment bond
Can take 5% withdrawls over 20 years
Without immediate charge to tax
Trust may suffer exit/periodic charge if over NRB

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14
Q

Benefits of using pound cost averagung for gifting

A

Frees up lump sums for other purposes
Works with gifts out of normal expenditure
Removes funds from estate
Savings discipline
Benefit from volatility as more units bought in falling markets
Avoids market timing risk
Suitable for long-term investing
Contributions can be flexible
Enables higher risk funds to be purchased
Average cost of purchase evens out
Allows drip feeding of lump-sums

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15
Q

Explain junior ISAs

A

Set up by parent (not Kathy)
One for each grandchild
Parent controls investments until child is 16
£100 parental income settlement rule does not apply to Kathy
Can contribute £9000
Loss of control for Kathy
Loss of access to capital
Children gain access at 18
No guarantee grandchildren use funds as Kathy wants

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16
Q

Explain collective investments written under trust rather than junior ISAs

A

Set up collective investment and trust
Kathy trustee nominates the funds
No limit on contributions (undrf normal expenditure rule)
Trustee keeps full control
Funds paid out at trustees’ discretion
Removes from estate for IHT but discretionary trust so CLT over NRB

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17
Q

Benefits of making payments into junior pension plan over ISA

A

20% tax relief on contributions up to £720 (as Kathy is non-earner)
Pension currently IHT free
Long investment horizon
Can use higher risk investments
No access till 57, so there is no squandering at 18
Continue contributing over 18
Kathy can set up and control

18
Q

Benefits of using an investment bond to gift to grandchildren

A

Wide choice of investments
Growth potential
Can match ATR
Whole segments of bond can be assigned when needed
Not a chargeable event
Tax liability passes to grandchildren
Who use own allowances
Saving 20% tax if Kathy becomes higher rate tax payer
Can be placed in trust
And not included in LTC assessment if not considered a deprivation of assets

19
Q

How can Kathy use a trust structure to help her grandchildren and reduce her IHT

A

Discretionary trust to retain control
Under NRB to avoid CLT charge
Trustee income tax 45% savings and 38.35% dividends
Have upto half CGT allowance avialable
Grandchildren may claim tax back if income is paid out.

20
Q

What are the advantages of using a discretionary trust to gift to grandchildren

A

Change beneficiaries if circumstances change
Trustees choose when assets are distributed
And how much
And to whom
May be protectected from divorce and bankruptcy

21
Q

What are the disadvantages of using a discretionary trust to gift to grandchildren

A

Trustees annual reporting requirements to HMRC for tax
Liable to periodic and exit charges of over nil-rate band
CLT if over NRB

22
Q

What are Kathy’s duties as a trustee

A

Familise with the trust deed
Ensure provisions are complied with
Exercise care
Invested according to trust provision
Act impartially
Act in the best interest of beneficiaries
Maintain accounts
Provide beneficiaries with information
Monitor investments
Hold title document of the trust property
Obtain investment advice

23
Q

What are Kathy’s specific duties with regsrd to the trust recognition service

A

Unless specifically excluded, she must register with the TRS
Within 90 days of date , triggers need to register
£5000 penalty if failure to register or not to keep up
No penalty for the fisrt offence
Unless delibrate

24
Q

Why would Kathy need to self-fund her LTC

A

In excess of upper limit £23,250
Must self fund until assets fall below this
Each £250 above above £14,250 equals £1 per week tarrif income that needs to be paid
Under £14,250 will be fully funded

25
As a self funder, explain the state benefit could Kathy claim?
Attendance allowance If she pays her own care Can also claim the first 4 weeks of care home stay if local authority or NHS pay Lower rate if care is needed during the day or night Higher rate if need both day and night Tax-free Means tested
26
Explain to Kathy the features of an immediate care plan
Type of impaired life annuity No income tax if paid directly to care provider If not, it is taxed in the same way as purchased life annuity Purchased with own funds at the point of needing care Pays out until death (even in recovery) Indexation is available to protect against rising care costs Can guarantee Inflexible Eligibility is determined by the inability to perform one or more activities of daily living Often effected by LPA
27
Explain to Kathy the features of a deffered care plan
Benefits paid after a few months or years Suits people who have funds to pay for care for a while But want protection if care continues Kathy has significant wealth It's cheaper than an immediate care plan Can be used as a backstop ie 5 years self-fund, then kick in Given when life expectancy is fairly low for low-cost policy Provides peace of mind
28
Explain lifetime mortage
Take out an interest only mortgage on home Lump sum given or drawdown pot to simulate income Interest can be paid or rolled up Amount borrowed and built up interest to be paid back on death or moving to LTC facility The compounding effect on interest can erode the value of the home quickly Mortage can reduce RNRB on este Mortage reduces IHT payable on estate as a loan that needs repaying Inflexible when started
29
Explain home revision plan
Sell part or all of home to home reversion provider Stays in home as a tenant, either rent-free or for nominal rent. Higher rent for larger lump sum Lumpsum or drawdown pot No interest payable Provider gets thier share of house on Kathy's death or move into care facility No RNRB is available if the whole property is sold IHT reduced if lump-sum spent Inflexible once committed to
30
What are the advantages of Kathy using a lifetime mortage?
Remains sole owner of home Choice of lump-sum or income through drawdown Interest roll-up means Kathy's cash flow not affected. Kathy can remain in home for life Some lifetime mortgages protect a percentage of property for inheritance purposes Money released is tax-free Can be fixed rate to guarantee how much loan will grow over time Some lifetime mortgages allow loan to be transfered to new property Can have zero negative equity on interest
31
What are the disadvantages of Kathy using a lifetime mortgage?
Rolled up interest can erode value estate Interest grows over time and is compounded Releasing equity could affect Kathy's eligibility for certain means-tested state benefits depending on how they are used Taking out a lifetime mortgage may restrict downsize or apply further equity to the house Lifetime mortgage rates are generally higher than standard residential mortgage rates Penalties paying mortage early Equity release could affect children's IHT Set up fees, valuation fees, and legal fees
32
What are the advantages of using home reversion
Sell only a portion of the house, preserve inheritance, No compunding Lump-sum or drawdown pot avialable Retains right to live in home for life Percentage of home sold fixed at outset Risk of property value falling is shared with provider
33
What are the disadvantages of home reversion?
No longer own part or all of home (Conflicts with Kathy's sentimental attachment) Home reversion company pays less than market value Feeling a portion reduces inheritance for children Once sold, it can not be reversed, and future equity can not be accessed Money received could affect means-tested state benefits and LTC Selling a share in property could limit Kathy's ability to move in the future Costs for valuation, legal, and setup. Miss out on price increases Permission must be sort to make alterations to house
34
Why should Kathy set up LPA
To allow her finances and decisions on health to be handled in the event, she is unable to handle them herself
35
What are the limitations for LPAs in relation to gifting and IHT
Attorney has limited power to make gifts other than to charity or for customary occasions therefore cannot do much IHT planning without the permission of the court of protection
36
How can Kathy set up an LPA
Complete prescribed form Must be signed by Donnor Attorney Replacement attorneys The certificate provider Certificate provider confirms donnor understands effect, are doing so of own will and there is no fraud Witnessed by one independent person Process takes 4-10 weeks Can be done anytime after LPA is created, even if the donor is mentally capable. 3 week period during which people can object
37
Recommed and justify recomedstions you would make to Kathy for miyigsting IHT
Write a will To reflect her new circumstances as a widow and wishes regarding estate Execute deed of variation Cresting a will trust in Alan's will If IPDI, Kathy as life tenant, children and grandchildren as remainderman She has access to funds during her lifetime, children and grandchildren inherit on death Funds in her estate on death but no periodic or exit charges Alan's NRB still avialable for estate If DT, children, and grandchildren as as beneficiaries Funds outside estate on death No periodic or exit charge under NRB Growth on assets outside Kathy's estate Alan's NRB not available on Kathy's death, but could inherit a new spouse full NRB If afordable, set up regular savings plan for grandchildren Fund from income so exempt under normal expenditure rule Junior ISA if tax efficiency more important than control Or OEIC/collective trust if prefer control Gradually reduce state over time SL WOL policy under trust of executors for sum assured on Kathy's death Provide any remaining IHT liability Establish LPA To ensure decisions can be made for her in event that she is unable to do so herself
38
Detail and re amend a life policy to cover any IHT remaining on Kathy's estate
whole of life Single life, Kathy For IHT liability until Kathy's Death level term life assurance that pays out lump sum on death index to keep up with inflation Guaranteed premiums to remain affordable Waiver of premiums to ensure remains paid if unable to do so In trust with executors as trustees to avoid probate and keep out of estate Premiums covered by annual exemption or normal expenditure To not increase IHT Provides peace of mind IHT liability will be covered on death
39
Drawbacks of WOL for IHT
Might not be enough Estate may increase quicker than inflation Estste may decrease, leading to over-insurance IHT still needs to be paid Reduces disposable income in retirement Reviewable premiums may become unaffordable
40
What 8 factors would you cover at a review for Kathy's IHT planning
C Increase or decrease in size of estate Change in health Change in objective New marriage or relationship New grandchildren Change in ATR or capacity for loss Any change in expenditure leading to reduction in standard of living Any gifts made We're DOV/trusts created Were wills/LPA set up L Changes in economic conditions Changes in legislation regarding or taxation that would affect this goal C Cost relating to any IHT products used Any new and more suitable products to use