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02 August 2007 / C I Howells
Issue: 7284 / Categories: Features , Wills & Probate
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A hidden trap?

What happens when there is not enough money to satisfy legacies and devise? C I Howells reports

One of the most common tasks for any private client solicitor is to advise a testator who wishes to provide for: (i) his wife or partner; and (ii) his children, or other beneficiaries. Everyone wishes to pay as little inheritance tax (IHT) as possible.

For the purposes of this article, I shall assume that the particular case is one where the total estate is likely to exceed the “nil-rate band” (NRB), currently £300,000: see the Finance Act 2005, s 98. Past experience indicates that the figure is subject to annual increase.

Probably the commonest solution is for the will to provide for the children or other beneficiaries to be given “the maximum amount of cash which I can give without incurring any liability to Inheritance Tax” (or similar words), ie the NRB, and for the wife or partner to be given the residuary estate—probably including the testator’s estate or interest in the matrimonial or quasi-matrimonial home.

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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