Professional Adviser Award 2008

 

 

TRUSTS - Updated: February 3, 2008    

 

There can be a lot of mystique surrounding trusts but the basic information you need to know is quite straightforward and they are a powerful financial planning tool

For example, many people are aware that if you make a gift of, say £50,000, to your children or grandchildren, it is no longer included in your estate for inheritance tax purposes 7 years later.  However, you have immediately lost control of that money and cannot change your mind later on about the individuals who have received that gift.

Setting up a trust to control when and how your gift is distributed is reasonably straightforward.  A trust, by the way, is simply a piece of paper containing a form of words which have a meaning that has been agreed upon in law.  You and, say, your spouse, can be the trustees and maintain control over the money while the 7 year clock is ticking, if reduction of inheritance tax is your purpose.  As trustees you decide where the money should be invested.  The main restriction, of course, is that neither the money nor any income it produces can be used for your benefit.  This is no loss, however, when compared to giving the money away immediately.

The gift you have made does not go directly to your children or grandchildren and under the situation we have described they would wait for at least 7 years before receiving their share of it.  In many cases the people who are to receive your gift are minors anyway at the time the gift is made into the trust.

 

man holding a piggy savings bank

 

This paragraph could be worth £120,000!

No it is unfortunately not this one! But we are referring to the paragraph that better off married couples should consider putting in their Wills leaving up to the 'Nil Rate Band' for Inheritance Tax (currently £300,000) to their children or grandchildren, rather than to their spouse. The addition of a simple, correctly worded, paragraph in a Will, could currently save £120,000 in tax, that is 40% of £300,000. This is in comparison to the tax that would be charged if the first spouse to die were to leave the whole of their estate to their spouse, and then have the whole estate pass on the surviving spouse's death to their children.

 

Once the 7 years is up you as the trustees can distribute the assets in the trust to your children and or grandchildren, or anyone else listed in the trust document, in whatever portions you then think fit.  This is like giving a gift with hindsight.  So if, for example, one of your children is by then quite well off, and another is having a hard time of it, you could direct more of the trust fund to the latter child if you want to.

You can ask a solicitor to set up a trust for you that meets your particular requirements.  If, however, you will be investing the trust assets in some form of collective investment scheme such as a unit trust portfolio or an investment bond, the investment house or life assurance company is likely to have access to a range of standard trust documents, once of which could fit your requirements.  These are usually provided without cost.

 



 
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