Trusts Gary Tonsley Trusts Gary Tonsley

Gifts with Reservation of Benefit: How to Avoid This Costly Inheritance Tax Trap (UK)

Are you thinking about gifting your home to your children to reduce Inheritance Tax, but you'd still like to live there? It's one of the most common questions we hear at Westwood Estate Planning, and for good reason. The idea seems straightforward: give away your property now, continue living in it, and reduce the size of your taxable estate. Everyone wins, right?

Unfortunately, this is where many well-intentioned people unknowingly walk straight into one of the most expensive Inheritance Tax traps: the 'Gift with Reservation of Benefit.' And the consequences can be devastating for families who discover, after a loved one has passed away, that their careful planning didn't work at all.

In this guide, we'll explain exactly what this trap is, why it catches so many people out, and—most importantly—how you can genuinely gift assets to your family without falling into it.

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Trusts Gary Tonsley Trusts Gary Tonsley

Gifts from Surplus Income: Your Clear Guide to Reducing Inheritance Tax (UK)

The Three Essential Conditions You Must Meet

For a gift to qualify for the 'Gifts from Surplus Income' exemption, you must satisfy three crucial conditions:

  1. From Income, Not Capital: Gifts must come from your regular income (pension, salary, dividends, etc.) after all your usual living expenses are paid, not from savings or asset sales. It's about genuine 'surplus.'

  2. Must Be Regular: The gifts need to form a habitual pattern—monthly, quarterly, or annually—demonstrating a clear intention to make ongoing payments.

  3. Maintain Standard of Living: After making gifts, you must still have enough income to maintain your usual lifestyle without financial strain or dipping into savings.

Remember, your executors will claim this exemption using form IHT403, so thorough record-keeping is vital.

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Probate & Estate Administration Gary Tonsley Probate & Estate Administration Gary Tonsley

Inheritance Tax & The 7-Year Rule: How to Gift Assets Wisely (UK)

Are you thinking about helping your children or grandchildren financially—perhaps with a house deposit or university fees—but you're worried about how it might affect Inheritance Tax? You're not alone. Many of our clients at Westwood Estate Planning want to be generous now, while they're here to see their family benefit, but they're unsure about the rules and don't want to create problems down the line.

The '7-year rule' is one of those phrases that gets mentioned a lot, often causing more confusion than clarity. In this article, we'll break down exactly how it works, what gifts are affected, and—most importantly—how you can make gifts wisely to reduce your potential Inheritance Tax bill while supporting the people you care about.

By the end, you'll have a clear understanding of this essential rule and practical steps you can take today.

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Probate & Estate Administration Gary Tonsley Probate & Estate Administration Gary Tonsley

Understanding Inheritance Tax in the UK: A Clear Guide

Have you ever felt frustrated thinking about Inheritance Tax (IHT) in the UK? Many wonder why they pay tax again on earned money, or believe IHT is 'optional.'

At Westwood Estate Planning, we cut through the confusion, explaining who IHT truly affects, including the impact of upcoming changes like pensions from April 2027.

We offer empathetic guidance and a comprehensive approach to help you understand your options, protect your family's future, and gain genuine peace of mind. Ready for clear answers? Book a free, no-obligation 15-minute chat with us today

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Lasting Powers of Attorney (LPAs) Gary Tonsley Lasting Powers of Attorney (LPAs) Gary Tonsley

Lasting Powers of Attorney (LPAs): Your Top 5 Essential Questions Answered

Securing Your Future: Understanding Lasting Powers of Attorney (LPAs)A Lasting Power of Attorney (LPA) is a vital legal document allowing you to appoint trusted individuals (attorneys) to manage your affairs if you lose mental capacity. It's your way of ensuring your wishes are respected and your future is protected. Our comprehensive guide answers the top 5 questions we hear most often about LPAs:

  1. What is an LPA? There are two types: Property and Financial Affairs (managing money/property, usable before or after capacity loss) and Health and Welfare (decisions on daily routine, medical care, only usable after capacity loss).

  2. What Happens If You DON'T Have an LPA? Without one, your loved ones must apply to the Court of Protection for a costly, time-consuming, and restrictive 'Deputyship' – meaning you lose control over who makes decisions for you.

  3. Choosing Your Attorneys: 'Jointly' vs. 'Jointly & Severally' is CRUCIAL. 'Jointly' means all must act together (risky if one is unavailable), while 'Jointly and Severally' offers flexibility, allowing attorneys to act independently or together.

  4. When Does an LPA Actually Come Into Effect? An LPA becomes legally valid and usable only once it's registered with the Office of the Public Guardian (OPG), a process that can take 10-16 weeks. Proactive registration is key.

  5. The Attorney's Role: What Are Their Responsibilities? Attorneys must always act in your best interests, support your decisions, keep accurate records (for financial LPAs), and avoid personal benefit.

Key Takeaways: You can choose one or both LPA types. While you can complete forms yourself, professional guidance ensures accuracy. Attorneys can live abroad, but practicalities should be considered. At Westwood Estate Planning, we provide expert, empathetic guidance to ensure your LPAs are legally sound and truly reflect your wishes, offering lasting peace of mind. Ready to secure your future? Book a complimentary, no-obligation 15-minute chat with us today to discuss your specific situation: https://calendly.com/westwoodep/chat

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Lasting Powers of Attorney (LPAs) Gary Tonsley Lasting Powers of Attorney (LPAs) Gary Tonsley

DIY Lasting Power of Attorney (LPA) vs. Professional Service: What You Need to Know

Are you considering putting a Lasting Power of Attorney (LPA) in place yourself, perhaps using the government's online service?

While a DIY approach can seem appealing for its perceived simplicity and cost savings, it's crucial to understand the nuances and potential pitfalls. For most, the complexities involved mean that critical details are easily missed.

This guide explores the common issues we consistently see with DIY LPAs—from the critical decision of appointing attorneys 'jointly' vs. 'jointly and severally' to the logistical headaches of the strict signing process—and explains why professional guidance can make all the difference.

By the end, you'll have a clear understanding of your options and how to ensure your LPAs are truly effective, providing the lasting peace of mind you deserve.

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Trusts Gary Tonsley Trusts Gary Tonsley

Pensions & Inheritance Tax: What the 2027 Changes Mean for Your Estate (UK)

Worried about the new pension Inheritance Tax rules coming in 2027?

From April 2027, unused pension funds will be included in your estate for Inheritance Tax purposes - potentially adding £34,000 to some families' tax bills. If you previously thought your pension was safe from IHT, these changes could significantly impact your estate planning.

At Westwood Estate Planning, we help you navigate these new rules through comprehensive estate valuations and strategic planning, including lifetime gifting and trusts.

Don't let uncertainty rob you of peace of mind - book a free 15-minute chat to understand how these changes affect you and explore your options.

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