The right funds, the right hands, the right time.

“Inheritance Tax is a voluntary levy paid by those who distrust their heirs more than they dislike the Inland Revenue” – Roy Jenkins
 
Estate and legacy planning and wealth management is not just about saving inheritance tax, important though that is to many people. It is basically about getting the right money into the right hands at the right time.

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Wills

Wills are essential to ensure your wishes are carried out on your death. It is particularly crucial for parents of minor children to ensure the correct guardianship in the event of both their deaths, not just for sorting finances.

If you don’t have a will the rules of intestacy dictate how your assets are distributed. There is a very good chance that this is not how you would choose to leave your estate.

Certain assets are not directed by wills, such as those jointly owned (which automatically pass to the surviving owner) and pensions (which are usually directed by a separate nomination).

It is important to review wills to ensure they continue to work for your – changes in your circumstances (financial or otherwise), attitudes or in legislation could make a will inappropriate.


Lasting Powers of Attorney (LPAs)

Whereas wills help ensure your wishes are followed on your death, LPAs can help ensure they are should you lose mental capacity. They are an important but underused area of planning that can be crucial in ensuring your finances and wellbeing are always protected.
 
There are two types of Lasting Power of Attorney; financial and health & wellbeing. The government website is very good for guiding you through the process of completing these documents, but you may wish to take professional guidance before making certain decisions, such as who is made attorney (or replacement attorney) and what powers they are given.


Trusts

Almost everyone will need the above two documents, whereas the need for trusts will depend on personal and financial circumstances. They are more likely to be required with larger and/or more complex estates.

Trusts can allow control to be retained by yourself or legal representatives, which maybe advantageous for a number of different reasons. Trusts can assist with bloodline planning ensuring assets end up in the right hands and can potentially protect capital from various threats over time (e.g. from being squandered or lost in divorce/creditor cases) for future generations (e.g. grandchildren). Trusts can also be usefully for intergenerational inheritance tax planning, where children may have large estates of their own.

Finally, trusts can also allow certain rights to income and capital to be retained, which can be useful when making lifetime gifts for inheritance tax planning.

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