We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Capital Gains Tax and sneaky ways to avoid this

As my children are now grown up I am about to change my will. I am trying to think of crafty but legal ways to ensure that when I inevitably die they are left with as much of my estate as possible and the Treasury with as little as possible.  
Are there any tips and tricks that can be recommended?
One idea that was suggested to me was if I were to transfer my property into my children's names now it would be outside the remit of any will ... is this a real thing?  Any input gladly welcomed.

Comments

  • Caz3121
    Caz3121 Posts: 15,922 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    One idea that was suggested to me was if I were to transfer my property into my children's names now it would be outside the remit of any will ... is this a real thing? 
    where do you plan to live if you were to give your home away? If you will be remaining in the property then it is a gift with reservation and still forms part of your estate (and is included in calculations for care requirements) plus they may have capital gains tax on sale (assuming they don't live in it) likely a lose, lose situation
  • naedanger
    naedanger Posts: 3,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    As my children are now grown up I am about to change my will. I am trying to think of crafty but legal ways to ensure that when I inevitably die they are left with as much of my estate as possible and the Treasury with as little as possible.  
    Are there any tips and tricks that can be recommended?
    One idea that was suggested to me was if I were to transfer my property into my children's names now it would be outside the remit of any will ... is this a real thing?  Any input gladly welcomed.
    Is your estate over the current threshold at which inheritance tax becomes payable? The threshold is at least £325k and can be up to £1 million, depending on the circumstances.

    Unconditional gifts are exempt from inheritance tax provided you survive at least 7 years from when they are made. (However if you make the gift conditional on something, e.g. your right to continue living in the gifted property, then that can backfire badly.)


  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I am trying to think of crafty but legal ways to ensure that when I inevitably die they are left with as much of my estate as possible and the Treasury with as little as possible.  
    One idea that was suggested to me was if I were to transfer my property into my children's names now it would be outside the remit of any will ... is this a real thing? 
    I'm guessing that you mean 'inheritance tax' rather than the 'capital gains tax' you've put in the title.
    The suggestion of putting your home into your children's name could mean that they will have to pay CGT in the future (plus, as said above, it doesn't take it out of IHT calculations) - double taxation instead of no tax paid. :(
  • xylophone
    xylophone Posts: 45,986 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    See a solicitor expert in Wills and Trusts concerning your will, particularly as you are are (as well as a property owner), the (sole?) Trustee of a Trust.

    https://content.step.org/step-directory

    Some reading before you see the solicitor to help you in formulating topics you wish to cover.
    https://www.which.co.uk/money/tax/inheritance-tax
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.5K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.5K Spending & Discounts
  • 247.4K Work, Benefits & Business
  • 604.2K Mortgages, Homes & Bills
  • 178.5K Life & Family
  • 261.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.