Wills and Trusts
Rebecca Lee; Solicitor with specialist knowledge for trusts for vulnerable people
We all want to provide for our children.
We all want to save as much Tax as possible.
Making a will is a necessity so that your money goes to where you want it.
If you die intestate [no will] then your monies will be split up between all your family, even an estranged sibling could get a claim on your money. It does not automatically go to your partner or immediate family.
It is specially difficult for parents with vulnerable children with special needs. They have to careful so as not to make the child too wealthy that the means tested state benefits and care provisions are stopped.
With this in mind, starting up a trust for your children is strongly advisable. She went over the different types Trust for Disabled Persons [TDP] [child specific], Discretionary Trust [wider specifications and can hide your specific wishes] and Charitable trusts [undefined and dependant on that charity’s constitution], each has it benefits and short comings.
She was very strong in her advice on choosing trustees to manage the trusts so as to have your wishes forefilled after your death. Have at least one person who you trust who is not family who would not have conflicting interest in the distribution of the trust.
She showed methods ‘vehicles’ of passing over monies from husband and wife to efficiently save death duties with ‘promises to pay’ schemes, she specified the amounts of monies you can pass over during your life time and how long they are subject to death duties [up to 7 years]. You can dispose of £3000 per annum ‘tax free’ any amount over that is subject to death duties if you die within 7 years on a sliding scale of liability.
The current ‘tax free’ allowance from inheritance tax is £285,000. any residue of the estate over this amount is taxed at 40%.
Cost
She guestimated the ballpark figure of £450 [law society guidelines approved] for starting up a trust. She is a ‘Scope’ appointed solicitor who works in the Leicester region so may not be the nearest to you.
Related sites;
www.direct.gov.uk has a good page explaining all the jargon of ‘Settlor, trustee, beneficiary and trust property’ etc. also good for most other things.
www.scope.org.uk is a larger site which can give info on local solicitors, which also pumps for bequests for their trust.
Also look at www.mencap.org.uk this has a wide range of will making advice booklets and lists of solicitors.
Another way is to ask your local solicitors if they are in the know and have they done one before produce a trust/will that is transparent and not going to be challenged by the tax man on your death, with all its costs. So the start up cost may seem high now but later it won’t be challenged with all that expense. |