A last will and testament is at the end of the day a command to the person you’ve elected to process your estate as to how you would want your estate to be distributed after you have gone. By pets we do not suggest you are giving up your pet parrot – but you can if you wish! Carry on reading
Lots of people say if you draw up a wills you can ensure that no inheritance tax would be charged on your estate, as if a blanket rule applies. In truth some estates won’t invite inheritance tax as they are below the allowance. Other last wills and testaments could be more complex and we’d always suggest that you talk to a solicitor prior to trying to write your own.
If inheritance is levied, your executors will have 5 months, from the end of the month in which you die, to pay this inheritance tax. At the end of this time interest will be charged. Inheritance tax on specific assets, like land and buildings, may be deferred, but will still be payable in the long run.
There are many gifts which are without inheritance tax whether they’re passed within your lifetime or at the time of your death. These are donations which you make to UK charities or to your legal partner or spouse. If you are living apart but not divorced (or the civil partnership has not been dissolved) then you are still free to make the gift. This is relevant as long as you both live permanently in the United Kingdom. Additionally this|In addition this} conserns gifts to political parties in the United Kingdom and various national institutions such as universities, the National Trust and national museums.
It may appear to be an obvious method of sidestepping inheritance tax by passing your home on to another person, while still residing there. This is not correct, , and inheritance tax will be accrued on the total value of the “gift”. An extra difficulty in some circumstances would be that the one making the gift could be charged income tax on the value of the gift which they have taken. If this transpires they can make the choice of treating it as a gift with privisos.
There are some situations where a possibily exempt transfer fee may be payable. These are gifts that are predisposed to inheritance tax as long as you survive for seven years after the gift is made. These take in gifts to friends or relatives or various trusts, for example one given to somebody who is suffering from a disability. You need to talk to a solicitor about this, as there is a scale where the actual gain of the gift is adjusted. For example if you were to die just after making the gift, inheritance tax will be levied on a lot of it, but should you die later in the seven year term, then a lower amount will be levied. These transfers are regularly named PETS.
Sure enough, if you don’t draft a will at all, or make a will which proves invalid, then the Tax Office will in actual fact step in and decide all of it for you. Strict laws of intestacy will be applicable and the family that you’d in fact want to pass your home and valued possessions to could be left destitute. A well written last will and testament obviates any muddles. So don’t take the risk – draft a last will and testament and ensure that your relatives know where to locate it!
