header-logo header-logo

27 April 2007 / Stewart Jordan
Issue: 7270 / Categories: Features , Tax , Procedure & practice
printer mail-detail

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
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
back-to-top-scroll