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What are the advantages of a Deed of Variation?

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Comments

  • Tom99
    Tom99 Posts: 5,371 Forumite
    1,000 Posts Second Anniversary
    Anyone can give their £3k exemption

    HMRC accepts pooled households(with partners) the so it comes from a shared pot.
    Only gifts between spouses or civil partners are IHT free otherwise they count towards the annual £3,000 allowance, so if its not you spouse or civil partner you cannot give your partner £6k to pass on to someone else because the gift to your partner would use up your own £6k.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Tom99 wrote: »
    Only gifts between spouses or civil partners are IHT free otherwise they count towards the annual £3,000 allowance, so if its not you spouse or civil partner you cannot give your partner £6k to pass on to someone else because the gift to your partner would use up your own £6k.

    You don't have to give your partner £6k partner just gift £6k and it sorts itself out on the pooled resources over time.

    Millions of households are working on this principle all the time.
  • SevenOfNine
    SevenOfNine Posts: 2,407 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Tom99 wrote: »
    A DIY one should be fine, just make sure you include the correct tax clause:

    The parties to this variation intend that the provisions of section 142(1) Inheritance Tax Act 1984 and section 62(6) Taxation of Chargeable Gains Act 1992 shall apply

    I happened to see a relatives DOV recently, prepared by their solicitor, which referred to the wrong tax clause and also mentioned a 'will' when there was no will. Just because you might have paid £200 or £500 for the document, don't assume its right without reading it through.

    What did you advise them to do about that? Others may use their rubbish solicitor!
    Seen it all, done it all, can't remember most of it.
  • Tom99
    Tom99 Posts: 5,371 Forumite
    1,000 Posts Second Anniversary
    You don't have to give your partner £6k, partner just gift £6k and it sorts itself out on the pooled resources over time.
    Millions of households are working on this principle all the time.
    Yes I am sure they do, providing the partner has a spare £6k laying about.
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