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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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