Arford Henderson Law

Month: April 2020

IHT-FREE allowance

The £1m IHT-FREE allowance explained!

The impression the law was set out to give was that couples could leave behind £1m inheritance tax free.

What actually happened was that there was an introduction of a £175,000 nil rate band which will apply to the value of your main residence and will be in addition to your £325,000 personal nil rate band allowance.  The effect is to give the impression that an individual could leave up to £500,000 and a couple £1,000,000 before IHT becomes chargeable.  However, the allowance will not be available until 2017 when it will be introduced at a lower £100,000 level and then slowly increased by £25,000 per year until the full £175,000 is claimable in 2020/21.

This new allowance will also only be available when the deceased has bequeathed their property to ‘direct descendants’.  Direct descendants are described as children, grandchildren, step-children, adopted and foster children and, and following an amendment, now also includes a spouse or civil partner of a direct descendant or a surviving spouse or civil partner if they have not remarried or formed another civil partnership.

However, a Will which provides for your estate (including your interest in the property) to pass into a Discretionary Trust (even if the only beneficiaries are you children and grandchildren) may not qualify for the relief.

The amount of main residence nil rate band will also be reduced if the value of your combined estate exceeds £2.m.  The allowance will taper by £1 for every £2 that your estate exceeds this sum, thus meaning that when the allowance is fully in force then it would not be available once the joint estate exceeds £2.7m.

The relief can also only be claimed against a freehold or leasehold residence, and therefore unless your estate includes a property which you used, or intended to occupy as your home, the main residence nil rate band cannot be claimed.

If the property value does not equal or exceed the amount of main residence nil rate band allowance then any ‘unused’ allowance’ cannot be applied against the value of other assets comprised within the estate.

An illustration would be a couple leaving their estates (on second death) to their children have a property worth £200,000 and cash/investment assets of £800,000.  The maximum amount of main residence nil rate band claimable would be £200,000 and the maximum amount of nil rate band claimable against the cash assets would be £650,000, leaving in this example £150,000 subject to Inheritance Tax.

Therefore, for those who thought they would no longer have an IHT liability, there may be disappointment. It has never been more important to have a well thought out estate plan, complete with an appropriate Will and supporting documentation, to ensure your assets can pass to your loved ones in a tax efficient manner.

Please contact me on [email protected] or 0207 041 6069 to find out how I can best help you protect your family and your assets.

will

Wife begs a judge to turn off ex-soldier’s life support machine

‘Please let my husband die’: Wife begs a judge to turn off ex-soldier’s life support machine a year after he suffered severe brain injury in motorbike

A judge has been asked to decide whether doctors should stop providing life-support treatment to a soldier-turned-policeman who was left in a coma after a motorcycle accident.

Gulf War veteran Paul Briggs, 43, suffered a severe brain injury in a crash while serving with Merseyside Police in July 2015.

His wife Lindsey wants his life-sustaining treatment to stop but doctors disagree.

Mr Justice Charles is expected to make a ruling after a hearing in the Court of Protection – where judges consider issues relating to people who lack the mental capacity to take decisions – in the near future.

Many people genuinely believe that a Lasting Power of Attorney (LPA) is something that can be left until we get older or when the circumstances arise.

Unfortunately life can be unkind, and should an accident happen or illness takes place, an LPA could make life much easier at a difficult time.

So, what happens if you do not have an LPA in place and the worst should happen? As in the case of Paul Briggs, his wife now has to apply to court to be granted permission to make such decisions. This will not only take months to be resolved but will also cost in excess of £5000.

There are two types of LPA.

Lasting Power of Attorney for financial decisions can be used when someone still has mental capacity. The attorney can make decisions on matters such as:

• Buying, selling and making repairs to property

• Paying the mortgage and bills

• Investing money

Lasting Power of Attorney for health and care decisions can be used when someone loses capacity. In this instance the attorney can make decisions on:

• Where you should live

• Your medical care and what you should eat

• What activities you should take part in

Ensuring the right person is in place when the need arises is vital for your peace of mind. More importantly, it is a peace of mind for your family who will have to go through the turmoil of getting help at a time when life should be made easier for them.

It is a harrowing experience for the family when a person who has become unexpectedly incapacitated, and they are left helpless. The family wont be able to disagree with medical decisions taken by doctors. Further, the family maybe left in financial difficulties as bank accounts are frozen.

Please contact me on [email protected] or 0207 041 6069 to find out how I can best help you protect your family and your assets.