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It may be that some or all of
the first partners allowance was used when they died, in which case the
surviving partners allowance would be £300,000 (individual allowance) plus the
unused portion of the first partners allowance.
How do I know if I am
exposed?
When you die, your executors
arrange for your estate to be valued in order to establish whether or not any
Inheritance Tax is due.
The assets included in the
calculation of your estate include everything owned in your name such
as:
- Your house
- Any other property you
own
- Savings
- Investments
- Wine
- Silver, Jewellery, Cars,
Antiques and works of art.
So with the average detached
home in England now costing over £350,000* Inheritance Tax is not
something we should ignore.
*Source BBC
In general terms, it is the person who receives the benefit of the gift upon which the liability
is based. So let us take a couple of
examples, by way of explanation:
- David dies and leaves an estate which
has a liability to IHT of £50,000. His executors need to settle this IHT liability to allow them to
obtain the Grant of Probate. It is only when they have been granted Probate that they can distribute
the net estate to the beneficiaries. It is the Executors who settle the liability, as they have the capital to do so.
- David makes a gift into a trust which
results in a liability of £20,000. As the trustees have the capital it is the trustees who have to
settle the IHT liability from the trust assets. However let us assume that David wishes
to pay the liability that the trustees have, he can do so, but has to do
it by effectively giving the trustees a larger gift (i.e. the gift and the
money to pay the tax on the gift) however this additional gift also
suffers IHT. This is known as “grossing up” and is often done when the gift is an object as opposed to
cash, as the trustees would not otherwise have the funds to settle the IHT
liability.
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