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27 April 2007 / Stewart Jordan
Issue: 7270 / Categories: Features , Tax , Procedure & practice
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An Easier Life

Stewart Jordan advises on how to administer nil rate band discretionary trusts

Most practitioners, whether advising on lifetime tax planning or advising executors after the death of the first spouse or civil partner, can deliver a well rehearsed speech on the importance of including a nil rate band legacy in wills. This will usually be followed by a broad-brush outline of the mechanics of implementing the arrangement after the first death, ie by using a debt or charge to satisfy the nil rate band legacy in situations where the family home is the most significant asset. Before the trust is constituted, how many practitioners have considered the administrative and compliance aspects of running these trusts?

Consider these typical cases:

  • Scenario 1 There are insufficient liquid assets in the estate to satisfy the entire nil rate band legacy. However, the deceased spouse’s half share of the family home is of sufficient value to satisfy the entire legacy.
  • Scenario 2 The deceased spouse’s half share of the family home is worth less than the nil
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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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