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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

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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