Tax lawyers at Tees Law are members of STEP (The Society of Estate and Trust Practitioners) with extensive experience in the field. With this fact sheet Tees Law aims to explain the tax regime so you can assess your inheritance tax.

1. Introduction
The aim of this guide is to explain the current tax regime so that you can assess your Inheritance Tax
(IHT) position andways of mitigating it.
Inheritance tax – rates
IHT is primarily a charge on an individual’s estate on death, but it can also arise on certain lifetime gifts.
IHT is payable at the rate of 40% on the value of a deceased’s estate above the Nil Rate Band
Exemption (currently £325,000).
IHT is payable at the rate of 20% on the value above the Nil Rate Band Exemption on lifetime
transfers into most trusts.
However, transfers between spouses are exempt from IHT, provided that both spouses are domiciled
in the United Kingdom.
Current law
Under the current law, if a couple are married (or in a civil partnership), and, on the first death,
everything is left outright to the survivor, there will be no IHT to pay as the estate will be able to
claim Spouse Exemption.
On the second death the survivor will have their own Nil Rate Band, plus they will have inherited
the unused percentage of their deceased spouse or partner’s Nil Rate Band, enabling them, under
current legislation, to pass up to £650,000 free of tax upon their death.
Note however that the law does not recognise the expression ’common-law wife’ and people living
together do not get this benefit.
The current law – an example
Harry dies in January 2012 and, on his death, has assets of £500,000. He leaves a gift of £162,500
to his son Jamie, and everything else to his wife Joan. The Nil Rate Band allowance at his death was
£325,000.
• No IHT is payable on the assets passing to Joan, because of Spouse exemption
• No IHT is payable on the gift to Jamie as it falls within Harry’s Nil Rate Band
• Harry has therefore lost 50% of his Nil Rate Band by passing this to Joan, who is exempt from tax
On Joan’s death in September 2012, she has assets in her estate of £700,000. She still has her full
Nil Rate Band allowance to use. She leaves everything to Louise.
• Because Harry did not use 50% of his Nil Rate Band when he died, Joan’s executors can claim
an additional 50% of the Nil Rate Band amount in force at the date of her death. The amount she
can leave free of tax is therefore £487,500. The IHT payable on her death is therefore £85,000
being 40% of £212,500
The importance of making a Will
Under current legislation, if you die, whilst married and with children without making a Will, your
spouse may not inherit everything. Instead they will inherit everything you own in your joint names,
as well as your personal chattels, a statutory legacy of £250,000 and a life interest over half of the
remainder of the estate.
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Fact
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Inheritance Tax
My family has had a
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2. This may not be the most tax efficient way of passing on the estate, and could cause complications
on the second death. By having a properly drafted Will this could be avoided.
Similarly, if everything passes to the surviving spouse, and they subsequently have to go into a care
home, they will be assessed and required by the Local Authority to pay their care fees until they
reach a specific limit. This could significantly use up any inheritance that it had been intended would
pass to future generations. By taking advice it may be better on the first death for the estate to not
pass entirely to the surviving spouse, but into a trust for example, and we can advise on this.
Ways to mitigate your IHT liability
Inheritance Tax can significantly reduce the monies you are able to give to your family and friends
on your death. If you wish to reduce your inheritance tax liability we recommend you consider the
following:
Have a will prepared by a properly qualified and
experienced solicitor
We conduct a full review of your assets and exposure to IHT when undertaking the process of
drafting your Will. Therefore, we can ensure your estate passes to your beneficiaries in the most
tax efficient way.
Annual exemption
Every individual can give away up to £3,000 per year free of tax.
Potentially exempt transfers
If you give away more than £3,000 in a tax year there will be no IHT payable if you survive 7 years.
If you die within 7 years taper relief is available to reduce the rate of tax payable depending on the
number of years survived. It is important to consider making these transfers at the right time in your
life to obtain the best chance of maximising Inheritance tax relief.
Regular gifts out of income
You can give away surplus income free of tax providing it does not affect your standard of living and
you do not top-up your income with capital.
Gifts in Contemplation of Marriage
Parents can give up to £5,000 each free of IHT and Grandparents £2,500 each when a child or
grandchild marries. It is important that the gift is made before the wedding so as to attract this relief
Small gifts
You can give up to a total value of £250 per person for any number of people free of IHT each year
Charities
Gifts to charities are exempt from IHT and can even reduce the level of IHT payable on your estate
because if over 10% of your estate is left to charity in your Will then the underlying rate of Inheritance
Tax reduces from 40% to 36% .
Taking advice from at Financial Advisor
A financial advisor can advise you on the various investments that can reduce your IHT liability.
Advice can also be sought on joint life second death policies. Please note that this does not reduce
your IHT liability, rather the aim is to ensure that the policy covers the amount of IHT payable.
At Tees you’ll find an extremely capable team of experienced lawyers who specialise in
IHT, for more information or to arrange a free initial consultation contact us on the details
opposite.
Bishop’s Stortford Cambridge Chelmsford
Great Dunmow Northampton Saffron Walden
Planning for the future
ensures your assets are dealt
with according to your wishes,
protecting both you and
your family. Plus, knowing
everything is in hand allows
you to get on and enjoy your
life with the peace of mind
that everything is in order.
Cathy Izzard, Partner
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‘‘
This Factsheet has been prepared to provide useful information but should not be considered as a substitute for advice on any specific case.
Tees Law is a trading name of Stanley Tee LLP regulated by the Solicitors Regulation Authority. Registered in England and Wales number OC327874.
100/27.2.13
0800 0131165
teeslaw.co.uk
wttp@teeslaw.co.uk
INHERITANCE TAXWILLS, TRUSTS, TAX PROBATE