Widowed person with current assets of around £2 million
This planning ensured that should any of their children or grandchildren go bankrupt or get divorced, the money left to them was safeguarded. This was a major issue bearing in mind the size of the Estate.
Should they eventually decide to gift excess capital later on, the Trusts would already exist.
Due to the deed of Variation there was a potential good IHT saving as it was very likely it would be several years before Mrs James died. This probable IHT saving of around £100,000 if Mrs James lived a normal lifespan would easily cover all the costs of setting up the Trusts making it an easy decision for the clients.
This placed £325,000 outside of the estate for IHT purposes after 7 years.
These funds were to be considered a giant emergency fund to cover care home fees as it gave Mrs James access to the capital back if required over a period of 7 years.
This £100,000 put into offshore bonds is a Potentially Exempt Transfer and would be outside of her Estate after 7 years
She would get taper relief on that money if she died after 3 years as she also used her fully IHT Nil rate band allowance on the gift into the trust.
There was likely to be enough in the bonds to fund her grandchildren’s university fees. The money would grow almost tax free in the offshore bonds and would use her grandchildren’s annual income exemptions to extract the required funds tax free.
The interest rate charged was fixed for the life of the loan and the interest was paid monthly by Mrs Jones to stop the debt getting larger. Mrs James had sufficient income to pay the monthly mortgage but if she went into care the payments could be stopped.
£500,000 plus growth was reduced from her estate after 7 years.
She would get taper relief for IHT if she died after 3 years as she had fully utilised her Nil rate band allowance on the gift into trust
This planning ensured that should any of their children or grandchildren go bankrupt or get divorced, the money left to them was safeguarded. This was a major issue bearing in mind the size of the Estate.
Should they eventually decide to gift excess capital later on, the Trusts would already exist.
Due to the deed of Variation there was a potential good IHT saving as it was very likely it would be several years before Mrs James died. This probable IHT saving of around £100,000 if Mrs James lived a normal lifespan would easily cover all the costs of setting up the Trusts making it an easy decision for the clients.
This placed £325,000 outside of the estate for IHT purposes after 7 years.
These funds were to be considered a giant emergency fund to cover care home fees as it gave Mrs James access to the capital back if required over a period of 7 years.
This £100,000 put into offshore bonds is a Potentially Exempt Transfer and would be outside of her Estate after 7 years
She would get taper relief on that money if she died after 3 years as she also used her fully IHT Nil rate band allowance on the gift into the trust.
There was likely to be enough in the bonds to fund her grandchildren’s university fees. The money would grow almost tax free in the offshore bonds and would use her grandchildren’s annual income exemptions to extract the required funds tax free.
The interest rate charged was fixed for the life of the loan and the interest was paid monthly by Mrs Jones to stop the debt getting larger. Mrs James had sufficient income to pay the monthly mortgage but if she went into care the payments could be stopped.
£500,000 plus growth was reduced from her estate after 7 years.
She would get taper relief for IHT if she died after 3 years as she had fully utilised her Nil rate band allowance on the gift into trust
The plan is quite complex due to the size of the estate. However by dealing with in in stages together with the client’s sons meant the clients were able to achieve all their objects of eliminating their IHT liability, not funding their sons lifestyle to too high a degree and protecting the whole estate and keep the money in the family bloodline. They also had unexpected benefits of saving a lot of income tax.
She used £325,000 of her late husband’s allowance and now only had an allowance of £675,000 but her Estate had also dropped to £1.485,000
The gifts of£325,000 into trust, £100,000 into offshore bond in her grandchildren’s names, and £500,000 to her two sons reduced Mrs James Estate down to £560,000 after 7years. This means her estate without any growth would be £115,000 below her allowances. Therefore, her home could still grow over time and so the IHT billwas likely to be very low or non-existent on her death.
Her sons used the£250,000 each to pay down their own mortgages which helped them over the coming years to save more into their own pensions.
Her sons did not have to use their own income or capital to fund their children’s university education.
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