Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think that parents cannot leave money to severely disabled offspring free of IHT

335 replies

Noras · 22/11/2024 04:17

Frankly I have been quite upset about farmers kicking up a fuss about IHT when they can transfer 3 million pounds of wealth IHT free and after that it only costs 20% which can be paid over a decade interest free.

As a parent of a disabled adult child I can only transfer one million pounds like anyone else and any unpaid IHT has to be paid over 10 years with 7% interest due.

We have other kids and can’t exclude them from our wills so that eats into the IHT allowance.

My son will struggle to work in any form of paid job.

I was discussing his placement in supported living with a social worker yesterday as a pretty likely destination

His life will inevitably be one of benefits eg universal credit and PIP

We have left % more to him due to his profound needs.

Our combined estate will face IHT charges especially with the fiscal drag.

So through no fault of my son he will live in relative poverty except for what is left after IHT into a vulnerable persons trust.

My son is used to nicer things eg holidays/ clothes etc and has some awareness of his current nicer life style even if he is not that driven by material things.

We would have to deprive ourselves of a decent retirement to ensure he is decently provided for,

I am heart broken to have given birth to someone who will live in relative poverty assuming he has a long life and the monies inherited have to cover say 45/50 years.

I am not the only parent waking up at 3am in fear of their kid’s future it’s a well known thing about parents of kids with disability.

AIBU to think that the Government should allow an IHT allowance for dependants who are classed as high needs eg PIP high or mid levels eg not really able to live independently etc? I can’t believe that they make no allowance in IHT terms for the disabled. As it is his care and needs have been an additional expense to us throughout his life eg 1:1 swimming lessons ,Ed Psych reports, SALT, private OT , personal trainers etc. This always exceeds disability benefits.

OP posts:
Noras · 22/11/2024 08:52

sharpclawedkitten · 22/11/2024 08:37

True. My mum owns a small bungalow outright and her income isn't large but she is not in poverty. She's not disabled, and doesn't need care, though. Care is expensive.

Also the problem with flats is service charges. Lets hope that the government actually sorts out the problem of leasehold, they announced something yesterday.

is he owned a house he would have to pay social care or it would be charged against the house.

£300,000 would not buy anything in our city.

OP posts:
user1492757084 · 22/11/2024 08:48

Seek financial advice particular to your case.
You should adjust your affairs to minimise tax for your son.
Could you buy a small farm?

Your disabled son, along with the rest of Britain will be better off eating locally grown, nutrient rich food grown with uncontaminated water. He will benefit with many rolling acres left for farming and sustainable habitats for native creatures. He will breathe fresher air. Being able to grow the nation's food is important.

Seashellssanctuary · 22/11/2024 08:44

With respect OP you have come here with a very complex situation few people would have experience of. This is definitely one for professional advice rather than random opinions from strangers around the globe.

MissCamden · 22/11/2024 08:43

This reply has been withdrawn

This message has been withdrawn at the poster's request

DottyBaguette · 22/11/2024 08:43

But surely the state will be paying for your son if you're not funding him beyond 18 and want him to have benefits rather than family money?

I may have missed the point then, but why do you want the state to fund him and him to inherit tax free? It sounds like you're very wealthy so maybe I've misunderstood, I didn't think the very wealthy needed benefits.

kerstina · 22/11/2024 08:42

Everyone thinks they are worthy of avoiding a tax that is trying to be fair. A lot of people in this country live in relative poverty even people who work. Your son will have had a lot of money out of the ‘ state system’ over the years even if you have supplemented it.

doggyrun · 22/11/2024 08:41

Anewuser · 22/11/2024 05:19

You won’t get much support on mumsnet. Reality is, most people cannot relate to anything you are saying. They think everyone should go to work and pay their way. They will have no understanding what you have sacrificed with a severely disabled child.

You need to get proper financial advice to set up a trust for your son. Your other children can still inherit as expected.

As a PP said, your son will not get means tested benefits if he has any savings over £16,000. Things like laundry he should not be paying for himself. Our son’s package (LA initially, now NHS CHC funded), covers his laundry costs. Accommodation will be paid so it should just be incidentals he’s paying for. A trust would allow funds to be taken for holidays etc.

I wish you luck. The thought of not being around for my son will clearly put me into an early grave. We can only do our best whilst we are here and hope we’ve planned well enough for their future.

Focus on this thoughtful answer and get some financial advice.

sharpclawedkitten · 22/11/2024 08:37

Tessasays · 22/11/2024 08:29

Let's say he inherited £300,000

he could buy himself a nice little flat outright, that way he's always going to have a nice home. Even if then he claimed benefits to live off for the rest of his life with no mortgage to pay he'd have enough to live a pretty comfortable life, I think your being quite unreasonable to say he will live
in poverty, no one I know disabled or not has been left 300 grand and noones wearing rags and eating out the bin.

True. My mum owns a small bungalow outright and her income isn't large but she is not in poverty. She's not disabled, and doesn't need care, though. Care is expensive.

Also the problem with flats is service charges. Lets hope that the government actually sorts out the problem of leasehold, they announced something yesterday.

RosesAndHellebores · 22/11/2024 08:36

@Noras then you are not in a position to significantly enhance your son's lifestyle above and beyond benefits.

If you haven't pension planned well, then you need to forget keeping your family house in the longer term and liquidate some assets.

How much professional advice have you actually taken?

wombat15 · 22/11/2024 08:36

Angrymum22 · 22/11/2024 05:47

But farmers are not transferring one million pounds to their children when they die they are transferring a business and a home in many cases that the children have been living and working in since birth. It’s only money if they sell it, when it attract capital gains tax.
Farmers don’t have 40% of the value of their farm sat in the bank. When a farmer dies his family may have to sell their home and lively hood to pay the IHT your family will only gain.
When you die your assets are realised and turned into cash, HMRC take their pound of flesh and the rest is paid into the bank accounts of whoever you leave it to.
Your son will not have to find the money to pay IHT as the tax is paid before he recieves his inheritance.

If their children are also farmers why don't they transfer some of the business to them before they die? As long as they live more than seven years after this no inheritance tax will be due on that.

ShinyBinLid · 22/11/2024 08:36

Samphire44 · 22/11/2024 05:56

It would be much cheaper for the government to allow families with severely disabled children to set up some sort of vehicle exempt of tax to ensure they are provided for rather than to pay out for care home fees for life which could be in the millions (e.g £40k per year over a 60 year life span).

Much more than that in some cases. I worked in a supported housing service where people had 24/7 one to one, and in some cases two to one, care. That costs at least 100k a year in wages alone.

sharpclawedkitten · 22/11/2024 08:35

Give money to your other kids ahead of time free of IHT.

Then leave the rest to your son. Then your allowance goes a lot further.

IHT is an issue where a parent dies and there is a dependant child of any age. But tax planning advice is available, so go and get some instead of asking well meaning people on the internet.

As for farmers, very few of them will be affected. Much like the ULEZ, it's been whipped up to be much bigger than it is.

Noras · 22/11/2024 08:32

RosesAndHellebores · 22/11/2024 08:21

That's why you tax plan, to make sure you minimise the tax paid.

There’s only so much tax planning you can do unless you have a really secure decent pension - you can’t give away money you might need.

Seriously!

OP posts:
Tessasays · 22/11/2024 08:29

Let's say he inherited £300,000

he could buy himself a nice little flat outright, that way he's always going to have a nice home. Even if then he claimed benefits to live off for the rest of his life with no mortgage to pay he'd have enough to live a pretty comfortable life, I think your being quite unreasonable to say he will live
in poverty, no one I know disabled or not has been left 300 grand and noones wearing rags and eating out the bin.

Geneticsbunny · 22/11/2024 08:26

I will totally admit that I have only read the first half of this thread but there is a way to leave money to your son without paying iht. You can put it into a vulnerable person's trust for him. This also means that it won't impact on his benefits.

Some charities run online information sessions about how to set up wills and trusts funds for disabled children. I did one that was run by cerebra.

It does coat £2000 to set up a trust and where are management fees if you don't know someone who can manage it for you but it is a wonder way to provide for your child if they wont be able to do it for themself.

GreenSedan · 22/11/2024 08:22

The reason I support farmers is that having a thriving UK farming sector is a public good, not just a private good. I don't want massive mega agri-businesses coming in to buy up small family farms when they can't afford the IHT.

You can legimately want to change your particular circumstances without wishing it to be worse for farmers y'know.

RosesAndHellebores · 22/11/2024 08:21

Noras · 22/11/2024 08:19

i would be happy for everyone to be treated the same with IHT but they are not.

There were owners of businesses who kept the business until after their death then sold it having got the relief.

Farmers who got the IHT relief then sold a field to a solar farm.

People who have millions and can give millions away and live 7 years.

As said maybe a flat rate of 15 to 20% on everything and no lifetime gifts or indeed other allowances would be a fair system.

The finer things of life in my opinion would be a half glass of cider in the pub or maybe a cheese toastie in a cafe. My son’s idea of the finer things of life is to get really excited by TK Mexx and the bargains there on a college life skills trip. Also he likes the opportunity to but his Pa a drink.

That's why you tax plan, to make sure you minimise the tax paid.

Noras · 22/11/2024 08:19

i would be happy for everyone to be treated the same with IHT but they are not.

There were owners of businesses who kept the business until after their death then sold it having got the relief.

Farmers who got the IHT relief then sold a field to a solar farm.

People who have millions and can give millions away and live 7 years.

As said maybe a flat rate of 15 to 20% on everything and no lifetime gifts or indeed other allowances would be a fair system.

The finer things of life in my opinion would be a half glass of cider in the pub or maybe a cheese toastie in a cafe. My son’s idea of the finer things of life is to get really excited by TK Mexx and the bargains there on a college life skills trip. Also he likes the opportunity to but his Pa a drink.

OP posts:
RosesAndHellebores · 22/11/2024 08:18

@Noras tax planning and financial advice will.sort it. You will have to be mindful of safeguarding benefits. I assume your other children will have a role to play in safeguarding.

you are aware, I trust, that farmers/farming families are not exempt from bringing disabled children into the world or from caring for them

You have drawn a disgraceful parallel. Farmers live on their land as well as work it. It co.orisea their home as well as their livelihood. Rural communities are a fundamental part of this nation.

Lavenderflower · 22/11/2024 08:16

Will your son be living in a care home or will be supported placement. Will other children be trustees?

Applesonthelawn · 22/11/2024 08:14

You'll get a lot of responses based on envy.

Speak to an estate planner. They are very imaginative and my mind is much more at rest since we did this.

user9086572 · 22/11/2024 08:13

Noras · 22/11/2024 07:06

Sorry £3000 above benefits.

But a live on benefits I think is dire. That’s why I can imagine why anyone would choose this unless disabled unless misguided, depressed, lacking mentoring, self belief or unlucky.

How do you get to £3k? I have £110k in an isa which earns me £16.50ish a day. Even leaving aside the wonderful effect of compound interest that is £6022.50 per annum. You are looking at leaving your son three times that.

DrBlackbird · 22/11/2024 08:10

.

Lavenderflower · 22/11/2024 08:09

I am not expert in this area, however, I think you need to seek excellent financial advice. I used to work in learning disabilities. I am not sure of the exact details but it did appear that individuals whose families left them money didn't see it.

Isiteveroktousethecword · 22/11/2024 08:08

Bjorkdidit · 22/11/2024 04:30

No one who inherits 'only' a million pounds is in relative poverty.

A financial adviser/planner will help you/him use that money to provide him with a very decent income for life. Even sticking it in an instant access account will generate £40-50k before tax but obviously investments will likely perform better over time and keep up better with inflation.

Plus as a severely disabled person he is entitled to non means tested benefits. The tax and benefits system is not there to provide people with the means to afford 'nicer things' whatever their needs. YABU.

Edited

As a disabled person the non- means tested benefit is PIP, nothing else.