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Trust and Asset Protection
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You may be considering passing your hard-earned wealth to your loved ones, either as gifts while you are alive or through your Will upon your death. However, this can be risky and tax-inefficient. Nearly two-thirds of parents are delaying early inheritance due to concerns about rising divorce rates caused by the coronavirus pandemic, according to research. A potential solution to these challenges is establishing a Trust.
Importance of Estate Planning (without a Trust)
Your estate is taxed multiple times, during your death and again at children’s death etc. Your property may be used to cover care home fees for the surviving spouse, potentially diminishing your children’s inheritance. Death-in-service and life assurance benefits passing to the surviving spouse are at risk from tax, care home fees, or creditors. If your total estate exceeds £2 million, you or your surviving spouse may lose your Residence Nil Rate Band allowance upon death, resulting in a lower inheritance for your children. Unnecessary probate may be imposed on your estate upon your death, which could have been avoided with proper planning. Your spouse might form a new relationship, passing your wealth to the new partner instead of your children. Last-minute lifetime planning can lead to missed opportunities to reduce tax liability, potentially resulting in a reduced inheritance for your loved ones.
A trust is a method of managing assets and can be established during someone’s lifetime or upon their death.
We can create a trust during your lifetime to protect your wealth from taxation, care home fees, creditors, and the marriage or remarriage of your spouse or children.
These trusts, established during your lifetime, allow the transfer of money, property, investments, and shares. Assets held in these trusts are ring-fenced, safeguarding them from unforeseen debts, care fees, creditor claims during bankruptcy, and the marriage/remarriage of your spouse or children. Protecting your main residence, often the most significant asset, can be achieved by placing it in an Asset Protection Trust, shielding it from various risks. We offer a range of trust options tailored to your circumstances, providing opportunities for lifetime planning and asset protection.
Create a discretionary trust during or after your lifetime to allocate property and funds to trustees for the benefit of your chosen beneficiaries, such as children or grandchildren. The appeal of a discretionary trust lies in its flexibility, allowing you to determine who benefits, in what proportions, and when the assets are distributed to your loved ones.
For pension scheme members, a death benefit trust can be instrumental. While pension scheme trustees can provide a tax-free lump sum to the member’s spouse or civil partner, this might lead to increased inheritance tax if the spouse or civil partner passes away shortly thereafter. We can help navigate such situations, minimising inheritance tax implications.
Declaration of trusts proves useful in scenarios such as:
- Transferring rental income from a taxpaying spouse to another with lower or no income, resulting in income tax savings.
- Facilitating financial assistance, like a parent helping a child onto the property ladder, ensuring the loaned money is safeguarded.
Consider creating your own charitable trust, either during your lifetime or in your Will, for regular donations or specific causes. Unlike making direct payments to national charities, a charitable trust allows more control. Gifts to such trusts are exempt from capital gains tax and inheritance tax. We can assist with the registration process to ensure the trust gains full charitable status and associated tax benefits. Charitable trusts can last forever- a truly lasting memorial.
Establish a personal injury trust for individuals who have received compensation for personal injuries. This trust safeguards certain means-tested benefits and entitlements, ensuring that the compensation does not impact eligibility. We can assist in setting up a personal injury trust for you or your loved ones.
HMRC acknowledges trusts for disabled individuals or children with special tax treatment, commonly known as ‘vulnerable beneficiary trusts’. If you wish to provide for someone in your Will who has mental or severe physical disabilities and is incapable of managing substantial sums, a disabled persons trust can be incorporated into your Will. You can also establish a disabled persons trust during your lifetime, either for yourself or another person.
Who are vulnerable beneficiaries? A vulnerable beneficiary is someone under 18 with at least one deceased parent. Additionally, a vulnerable beneficiary can be a disabled individual or someone unable to manage their affairs due to a mental disorder, falling under the Mental Health Act 1983. Eligible individuals receive benefits such as:
- Attendance allowance
- Disability living allowance – either the care component at the highest or middle rate or the mobility component at the higher rate.
- Personal Independence Payment
- An increased disablement pension
- Constant attendance allowance
- Armed Forces independence payments
How can we help?
Apex Estate Planners specialise in preparing various Asset Protection Trusts, including Disabled Persons Trusts. We would be delighted to represent you in this matter or any other related concerns.
Get in touch with us today.
Disclaimer: The information on the Apex Estate Planners Ltd website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties express or implied