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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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