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What if I my estate<br />

is worth more than<br />

£325,000?<br />

The nil rate band is doubled<br />

up for married couples and<br />

civil partners to £650,000.<br />

Under new rules, parents<br />

who leave their home to their<br />

children can qualify for an<br />

additional exemption of up<br />

to £100,000 each, rising to<br />

£175,000 each by April 2020.<br />

© designer491, Jacob Lund / shutterstock<br />

Inheritance tax<br />

Stuart Maggs is a Partner at Howes Percival where he<br />

specialises in estate planning and advice around<br />

inheritance and capital gains tax. Here he offers some<br />

guidance regarding inheritance tax after the election.<br />

In light of the recent<br />

election, the only<br />

certainty is that the<br />

future is less clear. It<br />

must be likely that a minority<br />

Government will only attend<br />

to their highest priorities.<br />

What is inheritance tax?<br />

Inheritance tax raises less<br />

than 1% of UK tax but attracts<br />

a great deal of attention.<br />

Some see it as a good way of<br />

redistributing money from the<br />

rich to the poor; while others<br />

think it is the government<br />

taking away money they<br />

have already taxed once.<br />

Regardless of your beliefs it<br />

is unlikely this government<br />

will make any big changes.<br />

after the election<br />

Does a Will help?<br />

If you want to minimise inheritance<br />

tax, the first thing is to have an<br />

up to date Will that properly<br />

reflects your wishes. All the<br />

tax savings in the world won’t<br />

mean a thing if your estate is<br />

inherited by the wrong people.<br />

Even worse, a poorly drafted<br />

Will can lead to arguments and<br />

lawyers’ fees as people fight over<br />

the estate when you’re gone.<br />

It is helpful if your heirs know<br />

what to expect, and the terms<br />

of your Will do not come as a<br />

shock to them. Explaining your<br />

wishes beforehand can help<br />

deal with any frustration from<br />

people not knowing why they<br />

are being treated differently.<br />

Will my estate pay tax?<br />

Most people in the UK<br />

never have to worry about<br />

inheritance tax. If your total<br />

estate (including your home)<br />

is less than £325,000 – your<br />

‘nil rate band’ - there is<br />

normally no tax to pay.<br />

Additionally if you can afford to<br />

make gifts to individuals and<br />

you survive seven years, those<br />

gifts are ignored for inheritance<br />

tax. Giving cash is normally<br />

fairly straightforward, but if<br />

you give property or assets<br />

there might be capital gains<br />

tax charges. If you survive<br />

less than seven years or if you<br />

benefit from the gift (e.g. giving<br />

your home away but continuing<br />

to live there), the value is<br />

added back into your estate.<br />

There are reliefs for business<br />

assets and some types of<br />

shares, as well as for farms.<br />

Charitable gifts are exempt<br />

from inheritance tax, and<br />

if you give 10% or more of<br />

your estate to charity the tax<br />

rate paid by your remaining<br />

estate drops to 36%.<br />

These rules are hugely<br />

complicated. They make<br />

allowances for people who<br />

downsize their home before<br />

death, to avoid trapping people<br />

in houses that are too big<br />

for them. But if your estate<br />

is worth more than £2m, the<br />

extra exemption above the<br />

normal nil rate band falls away.<br />

Careful structuring of your<br />

assets and Wills can save your<br />

children £140,000 in tax.<br />

With all estate planning, the<br />

key point is to seek help from<br />

someone you can trust.<br />

While there is a lot of<br />

information available on<br />

the internet, there is no<br />

substitute for taking expert<br />

professional advice.<br />

If you would like more<br />

advice on wills or taxes<br />

please pick up one of our<br />

leaflets designed to help<br />

you with your will which can<br />

be found in our shops or<br />

online (www.ageukleics.<br />

org.uk/publications)<br />

12 | sUMMER 2017 www.ageukleics.org.uk

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