Some latest updates and thoughts on Scottish charity, wills, succession and estate planning law. Comment from Alan Eccles.
Nov 7 • 6 tweets • 2 min read
Just trying to apply the new rules based on an MP's overview. Proves this is not simple.
Yes, there is the standard Nil Rate Band
Yes, there is the Residence NRB - if children but tapers
Yes, spouse/civil partner exemption passing between spouses/CPs
So far so good.
Next, told:-
100% relief up to £2m. Example must be widow w/ children. As no transferability of new NRB. Big trap⚠️
BPR will give a "further benefit" on top. But *combined* APR/BPR NRB £1m/person 🤔
Does highlight APR not overly generous. BPR key to actual relief
Let’s move on
Nov 5 • 8 tweets • 1 min read
Whatever the policy, there is one existing situation which works similarly to the changes on APR/BPR. It applies to Scottish estates.
It is the topic of 'legal rights'. These are automatic entitlements which a spouse/CP and children have. This is irrespective of the terms of a will.
Oct 17 • 6 tweets • 2 min read
This needs a technical factcheck spruce:-
@ChrisMasonBBC @hzeffman @BBCVickiYoungbbc.co.uk/news/articles/…
"Inheritance tax is charged at 40% on the property, possessions and money of somebody who has died above the £325,000 threshold."
That is not a correct statement on how inheritance tax is charged. There are numerous, very common, situations where that is not what happens.
Mar 22, 2022 • 7 tweets • 4 min read
#Trusts in @BBCNews@james_oliver_01@steveswannBBC@nassos_. "irrevocable trusts" does not mean a "trust which cannot usually be amended, modified, or revoked after they’re created". Just that the trust cannot be revoked. Which takes us to...
bbc.co.uk/news/business-…
... "withdrew from the beneficiaries of the #trusts" which indicates what happens with the trust can change. Of course, someone can give up a right under a trust or even the chance of having a right under a trust (often the latter). Withdraw or 'donating'... let's consider...
#TaxDay arrives... gov.uk/government/pub…
Something Sir Humphrey about it being announced in this that there will be a review of the Office of Tax Simplification. [appreciate #OTS is reviewed under statute]