Gifting to son, 7 year rule question

noitsnotme

Personally I reckon you’re overthinking this.  Does it have to be exactly the same to the penny for both of them?  If so, then have you taken inflation in to account as your younger sons £36k will be less in real terms than your older sons £36k from previous years!  You can take things too far some times.

Are you likely to die within 7 years?  Will your sons begrudge the situation as it stands?  Hopefully not.  Just crack on as planned and hope your sons are grateful.

Marcon

Boleyn19 said:

To clarify. 

I am married but the accounts are in my name. 
Our younger son is not in education.
our estate at the moment is over the IHT threshold.

So if die first, within 7 years, I can will the amount of the funds to my son as they will be well under £325k. If 
I die second and within 7 years then my sons will be left half the remaining estate each but younger son’s gifts will form part of the estate whilst the equivalent to the elder won’t. Do you see my dilemma?

Happily you don't have a dilemma - just a misunderstanding of how common this sort of situation is. You simply need a decent solicitor to draw up a will which reflects what you want to happen under differing scenarios. If you explain to them in layman's terms what you want to achieve, they can then do the necessary.