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Another Inheritance Tax question
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56cheffy
Posts: 485 Forumite


in Cutting tax
Hi...
I'm pretty new to the forums, I see there is plenty of advice re IHT, but what should I do in my personal position?
Aged 50, retired with income of £35000, widowed with son aged 16....2 properties.
Home-£200000 valuation interest only mortgage £60000
One rented out valuation £300000...interest only mortgage £60000
£100000 investments.
What should I be doing to save on IHT and possible CGT on the 2nd property should my son decide to sell when I 'pop my clogs'?
I also have a 1/3 share in my parents house when the time comes, so I have asked dad to leave my share to my son to save him eventually having to pay IHT if it were part of my estate.
Advice would be appreciated.
Thanks
I'm pretty new to the forums, I see there is plenty of advice re IHT, but what should I do in my personal position?
Aged 50, retired with income of £35000, widowed with son aged 16....2 properties.
Home-£200000 valuation interest only mortgage £60000
One rented out valuation £300000...interest only mortgage £60000
£100000 investments.
What should I be doing to save on IHT and possible CGT on the 2nd property should my son decide to sell when I 'pop my clogs'?
I also have a 1/3 share in my parents house when the time comes, so I have asked dad to leave my share to my son to save him eventually having to pay IHT if it were part of my estate.
Advice would be appreciated.
Thanks
This post was created in an area that may contain nuts!
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Comments
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Do you think you might remarry in due course?
If so, the nil rate band arragments would work for you.Trying to keep it simple...0 -
We do not know what the future will bring.
Under the current law it is possible to vary a will within 2 years of a death.
I think you have to start the process within six months of the death.
The variation can be made if the people the variation affects agree to it.
In this case the affected people would be you and your son.
So what I suggest is that your father leave a third of the house to you and you vary the will after his death if at that time that is what you want to do.
Meanwhile there is ample opportunity to pass money to your son...0 -
Robert_Sterling wrote:So what I suggest is that your father leave a third of the house to you and you vary the will after his death if at that time that is what you want to do.
Why is this a better idea than what the OP suggested - she says she has asked Dad to leave her share to his grandson?
I can't see the point in one generation leaving money/property/assets to the next generation who maybe don't need it, only for it to be immediately given/willed to the next generation i.e. the grandchildren. I'm all in favour of grandparents leaving directly to their grandchildren if their own children don't need it. It's obvious that the next generation i.e. the children don't need it otherwise there wouldn't be the need to vary a will and the need for all the discussion about how to avoid paying taxes.
We are nowhere near any of these tax levels, but we're leaving what remains of our assets to 5 grandchildren, 3 of mine and 2 of his. Reason: the next generation, i.e. our children, have no need of anything at all from us, and this seemed the fairest way.
I agree with EdInvestor - there's always the possibility of remarriage. I never thought I would remarry when I was widowed in 1992, but almost exactly 10 years later I walked up the aisle again. Some people, in those circumstances, take steps to protect 'their' assets for 'their' children as opposed to step-children/step-grandchildren. I don't take that view. I meant it when I said in church 'all that I have I share with you'. That's the way it's gotta be for us, but not everyone thinks that way.
Margaret[FONT=Times New Roman, serif]Æ[/FONT]r ic wisdom funde, [FONT=Times New Roman, serif]æ[/FONT]r wear[FONT=Times New Roman, serif]ð[/FONT] ic eald.
Before I found wisdom, I became old.0 -
Hi again..thanks for the responses....
Should I be setting up a Trust fund for my son...I've no idea how these work?This post was created in an area that may contain nuts!0 -
margaretclare wrote:Why is this a better idea than what the OP suggested - she says she has asked Dad to leave her share to his grandson?
Margaret
Because we do not know in advance what the future my bring as you found when you remarried.
My suggestion is more flexible.
If it continues to be the case that the daughter would prefer her son to have the money the variation will allow this. If it is no longer the case she does not have to pass the money to her son...0 -
56cheffy wrote:Hi again..thanks for the responses....
Should I be setting up a Trust fund for my son...I've no idea how these work?
I think the rules about trusts have changed recently. I only know that because we are in the process of doing new wills because our children are all adults now. The previous will said who should be guardians, look after their interests and all that sort of thing. We were advised to leave our own home as is but to put some other properties we own as tenants in common so that on the death of one of us the full Inheritance Tax allowance could be used. If we did not own other property my husband would never have agreed to it because he would not even consider doing that to our home. The reason being that if you get old and are widowed your kids can pressure you into moving or selling when you really would not want to because they “own” part of your home. He would not make either of us uncomfortable to save a greedy child a bit of tax – rather leave it to the cats home!0 -
pbradley936 wrote:If we did not own other property my husband would never have agreed to it because he would not even consider doing that to our home. The reason being that if you get old and are widowed your kids can pressure you into moving or selling when you really would not want to because they “own” part of your home. He would not make either of us uncomfortable to save a greedy child a bit of tax – rather leave it to the cats' home!
I completely agree with your husband, and I shudder when I read of people desperate to leave their home to their children to avoid tax and/or care costs. Being widowed is something I wouldn't wish on my worst enemy, having been there already, in 1992 (now happily remarried) and the last thing you need is, as you put it, a 'greedy child' eyeing up his/her 'inheritance'. I feel very strongly that what's yours is yours, it remains yours, for your use and comfort according to your own choice and own needs, until the very moment when you pop your clogs. Then, and only then, does it become someone else's inheritance. They should not make assumptions about what they may have coming to them.
Margaret[FONT=Times New Roman, serif]Æ[/FONT]r ic wisdom funde, [FONT=Times New Roman, serif]æ[/FONT]r wear[FONT=Times New Roman, serif]ð[/FONT] ic eald.
Before I found wisdom, I became old.0 -
56cheffy wrote:Hi again..thanks for the responses....
Should I be setting up a Trust fund for my son...I've no idea how these work?
I am about to see a solicitor about all this although my affairs are not as complicated as yours. The IR will send you a very comprehensive booklet about the subject of IHT. You can order it on line. Also, I found a very interesting article about the whole subject and options in ways to set things up on a site called Bestinvestor,co,uk. They are financial advisers but their site is very good.
There is a poster by the name of Tiggs on these forums and she works in this field and may be able to point you in the right direction.0 -
From P Bradley's post
The reason being that if you get old and are widowed your kids can pressure you into moving or selling when you really would not want to because they “own” part of your home. He would not make either of us uncomfortable to save a greedy child a bit of tax – rather leave it to the cats home!
End of quote
This is not the case if the will is done correctly. I was going to leave half of the house (my tenant's in common half) to my daughter but then had some advice and will now do things properly. It is explained in full on the Bestinvestor site. It involves using the nil rate band and a discretionary trust.
I will not allow my husband to be disadvantaged in any way.0 -
Jake'sGran wrote:It involves using the nil rate band and a discretionary trust.
I will not allow my husband to be disadvantaged in any way.
Exactly .....0
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