Friday 13 June 2014

Ways for you and your family to avoid paying inheritance tax on your life assurance policies and pension arrangements


Following the theme of my last blog, where I talked about the effective use of a Will and the services of a professional financial planner, today’s blog outlines some basic thoughts to help avoid the need to pay inheritance tax on life policies and pension plans.

In the case of life policies, these can and should usually be written in trust, as if they aren’t, the death benefits will be paid to the policyholder’s taxable estate, and be subject to inheritance tax. In this situation, a discretionary trust is often suitable, with the policyholder’s partner as the principal potential beneficiary, together if appropriate with any children. This generally brings an additional layer of flexibility and avoids further Inheritance Tax problems in the event of the policyholder’s partner/spouse dying.

In the case of pension plans, an expression of wish in the form of a ‘letter of wishes’ should always be written by the planholder to the scheme trustees indicating the person or persons to whom they would wish the value to be paid in the event of their death – indeed these often form part of the original application process. Some scheme trustees who are unwilling to follow expressions of wishes, insist on paying plan proceeds to the planholder’s estate. Consideration might be given in these cases to switching to a more accommodating pension scheme.

As an alternative to an expression of wish, a formal pilot trust (or ‘spousal by-pass trust’) might be established – especially for larger pension arrangements. This would give the trustees discretion to pay the proceeds to a wide range of potential beneficiaries, including the surviving spouse, but would enable them to ensure that the surviving spouse received only what he or she needed, so that the balance of the fund would not be held in their taxable estate on their death, and therefore avoid inheritance tax.

 
Duncan Wilson
Private Client Partner

Telephone: +44 (0)20 7893 3456
Email:  getintouch [@] broadstoneltd.co.uk

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