Agricultural Clause

A separate clause is required within the Will to ensure that the appropriate agricultural assets are directed to the Family Agricultural Trust.

Attorneys

Establishing both Powers enables you to choose a person or persons, called Attorneys, to deal with your ‘property and affairs’ and your ‘health and welfare’. Whereas a General...

Attorneys (Scotland)

Establishing both Powers enables you to choose a person or persons, called Attorneys, to deal with your ‘property and financial affairs’ and your ‘Health and Welfare’. You can...

Business Clause

A separate clause is required within the Will to ensure that the appropriate business assets are directed to the Family Business Trust.

Capital Gains Tax

Changing a solely owned property to Tenants in Common is a transfer of equity from the sole owner. Technically, they are ‘gifting’ an asset which could give rise to Capital Gains...

Certificate Provider

One Certificate Provider is also required per power and they will sign the Lasting Power documents along with you, the donor, and the Attorneys and Replacement Attorneys.  They...

Certifier

One Certifier is also required per Power and they will sign the documents along with you, the Donor, and the Attorneys and any Substitute Attorneys. They sign to confirm you...

Conveyance and Declaration of Trust (Land)

The manner in which jointly owned property (and land) is owned is critical, in that you need to ensure that upon the death of one of you, your share of the property should be...

Deed of Assignment - Life Assurance or Investment Bonds

To assign Life Assurance Policies or other possible investments (except ISA’s and some National Savings products) to a Trust, an administrative process is required.  The...

Deed of Variation

If it has been confirmed that you have inherited assets within the last two years we may consider recommending that you vary the assets to a Trust(s).We would require further...

Donor

This is the person who is authorising the Attorneys to act on their behalf.

Estate of the Survivor

The value of the assets in the IIP Trust is included (deemed) in the estate of the survivor (as though they ‘owned the assets’) for IHT purposes. So, further planning would be...

Executors

Executors are the people appointed to deal with the deceased’s estate in accordance with the deceased’s Will. In their capacity they have no discretion over how the estate is...

Family Agricultural Trust

Establishing Family Agricultural Trusts to receive agricultural assets on death is the most protective and tax efficient means of dealing with such assets. ‘Agricultural Assets’...

Family Business Trust

Establishing Family Business Trusts to receive business assets on death is the most protective and tax efficient means of dealing with such assets. ‘Business Assets’ are those...

Family Interest in Possession Trust

For a married couple with an estate value in excess of two ‘Nil Rate Bands’, the recommendation would be to use: A Flexible/Family Trust for assets up to the Nil Rate Band; and A...

Family Life Assurance Trust

The sums assured of Life Assurance Policies, unless they are appropriately established and assigned to Trust(s), will either form part of the deceased’s estate for IHT purposes or...

Family Pension Death Benefits Trust

New flexi pension rules give a variety of possible options available to surviving beneficiaries of a deceased pension scheme member. One of the possible options could be that of...

Family Probate Preservation Plus Trust (PPPT)

The PPPT is used where you wish to pass all or part of your Main Residence to be controlled and managed by Trustees whilst you are still alive. This would require a Conveyance...

Family Probate Trust

A Probate Trust, like a Family Trust, is a discretionary trust. The fundamental feature of a Probate Trust is that you, the Settlor, can also be a Potential beneficiary. As a...

Family Trust

If a Will specifies that assets are to pass ‘absolutely’ to specific beneficiaries (such as a spouse, partner, children or grandchildren etc.), then, those assets would be at risk...

Flexible Family Trust

This trust deals with the Residence Nil Rate Band (deaths from 6 April 2017). The law states that the share of the property must pass to the lineal descendants absolutely, or by a...

General Powers of Attorney

If you want someone to look after your Financial Affairs for a specific period of time, you can create a General (also known as ordinary) Power of Attorney. You might want to...

Granter

This is the person who is authorising the Attorneys to act on their behalf.

Lasting Power of Attorney (England & Wales)

If you are unfortunate enough to lose the capacity to manage your affairs during your lifetime, the only means of ensuring that your financial affairs are looked after by those of...

Lasting Powers of Attorney (Northern Ireland)

Enduring Powers of Attorney are still in use in Northern Ireland. Enduring Powers of Attorney are valid to be used once signed, but the Enduring Powers of Attorney must be...

Lasting Powers of Attorney (Scotland)

In Scotland the two Powers of Attorney are referred to as Continuing Power of Attorney (for finance and property, which continues when mental capacity is lost but can be used...

Mirror Will

Everyone should prepare a Will. Only by preparing a Will can you ensure your assets are distributed how you want on your death. It is also the best way of appointing Guardians for...

Mortgaged Properties

If the property is mortgaged, then this would not necessarily preclude it from being transferred in this manner, however the lender would have to agree for the additional ‘owners’...

Multiple Trusts

Due to changes in the Finance Act 2015, multiple Discretionary Trusts settled on the same day (for instance further settled by a Will), when the totals are in excess of the NRB,...

Notified Persons

If you choose to name notified persons, they are written to and informed of what you are establishing and who you are appointing as Attorneys. If they have any concerns, they have...

Powers (England & Wales)

You can limit the powers given to your Attorneys, for example, you may wish them to handle your money but not have the power to sell your house. Within the Health & Welfare...

Powers (Scotland)

You can limit the Powers given to your Attorneys, for example, you may wish them to handle your money but not have the power to sell your house. Within the Welfare Power your...

Registration

Countrywide Tax and Trust Corporation Ltd insist the powers are registered with the OPG. The Powers can only be used once they are registered, and the registration process can...

Repayment of Debts

Even if the Policy is assigned to an appropriate Trust, there are still risks if these Trusts are not managed properly. For example, following recent changes to legislation and...

Safe Storage Facility and Document Checking

Clearly the planning established is very important. It will be planning that could be protecting and saving many thousands of pounds for you and your family. When a death occurs,...

Severance of Tenancy

The manner in which property and land are owned is critical. For many of our clients the house or houses they own constitute the largest proportion of their wealth. It is really...

Single Will

Everyone should prepare a Will. It is only by preparing a Will can you direct your assets to the persons who you want to benefit from on your death. It is also the best way of...

Specified Persons

Once the Powers are registered, up to two Specified Persons can be given a copy of the Powers of Attorney. This copy is purely for their information only. The role does not give...

Trust de Minimus

It is recommended that all of the Trusts discussed above are established ‘now’ whilst you’re alive, although many, if not all, will generally not be populated until one of you...

Trustees

Trustees are the persons appointed to manage the Trust assets. They need to be people you can trust to carry out your wishes. Trustees need to be: aged 18 or above; have mental...